Title 10
VEHICLES AND TRAFFIC

Chapters:

10.04 Speed Limits

10.08 Vehicle Traffic on Airport

10.12 Traffic Code Adopted

10.16 Definitions

10.20 General Provisions

10.24 Certificates of Ownership

10.28 Vehicle Licenses

10.32 Driver's Licenses

10.34 Unmuffled Compression Brakes

10.36 Vehicle Inspection

10.40 Vehicle Lighting and Other Equipment

10.44 Size, Weight and Load

10.48 Accidents and Reports

10.52 Rules of the Road

10.56 Enforcement

10.60 Disposition of Revenues

10.64 Motor Vehicle Transporters

10.68 Reserved

10.72 Abandoned Vehicles

Chapter 10.04
SPEED LIMITS*

Sections:

10.04.010 Basic.

10.04.020 Altered speed limits.

10.04.030 Signs and records.

10.04.040 Due care.

* For statutory provisions authorizing the establishment of maximum speed limits outside incorporated cities and towns, see RCW 46.61.415 and 46.61.425– 46.61.435. Prior history: Resolutions dated 1/9/56, 5/20/57, 1/9/58, 8/17/59, 11/15/62, 11/28/66, 1/27/67, 5/15/67; and Resolutions 17, 18, 178, 234, 241, 242, 244, 245, 250, 251, 259, 260, 266, 268, 275, 276, 314, 330, 331, 332, 335, 337, 346, 352, 419, 421, 422, 445, 454, 487, 491, 492, 496, 504, 514, 516, 525, 526, 537, 545, 554, 555, 579, 587, 588, 616, 650, 657, 669, 704, 719, 764, 765, 766-A, 785, 786, 787, 805, 862, 948, 1024, 1112, 1153, 1204, 1210, 1217, 1218, 1225, 69-04, 85-04 and 131-04.

10.04.010 Basic.

Unless otherwise posted, the maximum speed limit on county roads is fifty miles per hour except where a reduction in speed is required by Section 10.04.020 or 10.04.040.

(Ord. 14-81 (part), 1981).

10.04.020 Altered speed limits.

The board of county commissioners, by ordinance, may raise or lower the maximum speed limit on any county road, except that in no case shall the speed limit be raised above fifty miles per hour. Such altered speed limit shall become effective when the road or portion thereof has been signed in accordance with Section 10.04.030.

(Ord. 14-81 (part), 1981).

10.04.030 Signs and records.

The county engineer shall, as soon as practical after the board alters a speed limit by ordinance, post signs showing the new limit on the affected road or portions thereof; and such signing shall be notice to the users of the road of the maximum speed limit allowed thereon except where a reduction in speed is required by Section 10.04.040. The county engineer shall establish and maintain a file of all ordinances setting or altering speed limits and a listing showing the current speed limit on each county road or portion thereof, and such files and listings shall be open to the public.

(Ord. 14-81 (part), 1981).

10.04.040 Due care.

(a) Except when a special hazard exists that requires lower speed for compliance with subsection (b) of this section, the limits as specified above shall be maximum lawful speeds, and no person shall drive a vehicle on a highway at a speed in excess of such maximum limits.

(b) No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. In every event, speed shall be so controlled as may be necessary to avoid colliding with any person, vehicle or other conveyance on or entering the highway in compliance with legal requirements and the duty of all persons to use due care.

(Ord. 14-81 (part), 1981).

Chapter 10.08
VEHICLE TRAFFIC ON AIRPORT

Sections:

10.08.010 Unlawful.

10.08.010 Unlawful.

From and after February 24, 1953, it is unlawful for any person to drive any vehicle upon, over or along any runway, taxiway or designated aircraft parking area of any public airport in the county, except as the same as necessary in the conduct of the maintenance of such airport or regulation of aircraft traffic thereon.

(Ord. effective February 24, 1953).

Chapter 10.12
TRAFFIC CODE ADOPTED

Sections:

10.12.010 Traffic code adopted.

10.12.010 Traffic code adopted.*

The motor vehicles laws of the state of Washington, being RCW Title 46, and all amendments and additions thereto, are hereby adopted by reference as the motor vehicle laws of the county of Mason, and all amendments or additions thereto when printed and filed with the county auditor, shall be considered and accepted as additions thereto without the necessity of further adoption of such amendments or additions.

(Res. 78 § 1 (part), 1970).

* The traffic code herein adopted will be referred to in this title as "this title."

Chapter 10.16
DEFINITIONS

Sections:

10.16.010 Scope and construction of terms.

10.16.020 Access road.

10.16.030 Alley.

10.16.040 Arterial highway.

10.16.050 Authorized emergency vehicle.

10.16.060 Auto stage.

10.16.070 Axle.

10.16.080 Bicycle.

10.16.090 Business district.

10.16.100 Bus zone.

10.16.110 Cancel.

10.16.120 Centerline.

10.16.130 Center of intersection.

10.16.140 Channelization island.

10.16.150 City street.

10.16.160 Collector arterial.

10.16.170 Combination of vehicles.

10.16.180 Commercial vehicle.

10.16.190 Control of access.

10.16.200 County road.

10.16.210 Crosswalk.

10.16.220 Danger zone.

10.16.230 Director– Department.

10.16.240 Driveaway– towaway operation.

10.16.250 Explosives.

10.16.260 Farm tractor.

10.16.270 Fire line.

10.16.280 Fire zone.

10.16.290 Flammable liquid.

10.16.300 For hire vehicle.

10.16.310 Highway.

10.16.320 Hours of darkness.

10.16.330 Intersection area.

10.16.340 Intersection center marker.

10.16.350 Intersection control area.

10.16.360 Intersection entrance marker.

10.16.370 Laned highway.

10.16.380 Lane line.

10.16.390 Legal owner.

10.16.400 Local authorities.

10.16.410 Marked crosswalk.

10.16.420 Metal tire.

10.16.430 Motorcycle.

10.16.440 Motor-driven cycle.

10.16.450 Motor truck.

10.16.460 Motor vehicle.

10.16.470 Muffler.

10.16.480 Multiple lane highway.

10.16.490 Nonresident.

10.16.500 Operator or driver.

10.16.510 Owner.

10.16.520 Park.

10.16.530 Passenger car.

10.16.540 Passenger loading zone.

10.16.550 Pedestrian.

10.16.560 Person.

10.16.570 Pneumatic tires.

10.16.580 Pole trailer.

10.16.590 Police officer.

10.16.600 Private road or driveway.

10.16.610 Public highway.

10.16.620 Public scale.

10.16.630 Railroad.

10.16.640 Railroad sign or signal.

10.16.650 Registered owner.

10.16.660 Residence district.

10.16.670 Revoke.

10.16.680 Right-of-way.

10.16.690 Road tractor.

10.16.700 Roadway.

10.16.710 Safety zone.

10.16.720 School bus.

10.16.730 Semitrailer.

10.16.740 Sidewalk.

10.16.750 Solid tire.

10.16.760 Special mobile equipment.

10.16.770 State highway.

10.16.780 Stop, stopping or standing.

10.16.790 Streetcar.

10.16.800 Suspend.

10.16.810 Temporarily sojourning.

10.16.820 Traffic.

10.16.830 Traffic control devices.

10.16.840 Traffic control signal.

10.16.850 Trailer.

10.16.860 Train.

10.16.870 Truck tractor.

10.16.880 Used vehicle.

10.16.890 Vehicle.

10.16.010 Scope and construction of terms.

Terms used in this title shall have the meaning given to them in this chapter except where otherwise defined, and unless where used the context thereof shall clearly indicate to the contrary.

Words and phrases used herein in the past, present or future tenses shall include the past, present and future tenses; words and phrases used herein in the masculine, feminine or neuter gender shall include the masculine, feminine and neuter genders; and words and phrases used herein in the singular or plural shall include the singular and plural; unless the context thereof shall indicate to the contrary.

(Res. 78 § 1 ( 46.04.010), 1979).

10.16.020 Access road.

"Access road" means a land service road or street generally limited to providing access to abutting property, or to an arterial road or street.

(Res. 78 § 1 (46.04.0151), 1970).

10.16.030 Alley.

"Alley" means a public highway not designed for general travel and used primarily as a means of access to the rear of residences and business establishments.

(Res. 78 § 1 (46.04.020), 1970).

10.16.040 Arterial highway.

"Arterial highway" means every public highway, or portion thereof, designated as such by proper authority.

(Res. 78 § 1 (46.04.030), 1970).

10.16.050 Authorized emergency vehicle.

"Authorized emergency vehicle" means any vehicle of any fire department, police department, sheriff's office, coroner, prosecuting attorney, Washington State Patrol, ambulance service, public or private, which need not be classified, registered or authorized by the State Commission on Equipment, or any other vehicle authorized in writing by the State Commission on Equipment.

(Res. 78 § 1 (46.04.040), 1970).

10.16.060 Auto stage.

"Auto stage" means any motor vehicle used for the purpose of carrying passengers together with incidental baggage and freight or either, on a regular schedule of time and rates: provided, that no motor vehicle shall be considered to be an auto stage where substantially the entire route traveled by such vehicle is within the corporate limits of any city or town or the corporate limits of any adjoining cities or towns.

(Res. 78 § 1 (46.04.050), 1970).

10.16.070 Axle.

"Axle" means structure or structures in the same or approximately the same transverse plane with a vehicle supported by wheels and on which or with which such wheels revolve.

(Res. 78 § 1 (46.04.060), 1970).

10.16.080 Bicycle.

"Bicycle" means every device propelled by human power upon which any person may ride, having two tandem wheels either of which is more than twenty inches in diameter.

(Res. 78 § 1 (46.04.071), 1970).

10.16.090 Business district.

"Business district" means the territory contiguous to and including the public highway when fifty percent or more of the frontage thereon on either side thereof for a continuous distance of three hundred feet or more is occupied by buildings in use for business.

(Res. 78 § 1 (46.04.080), 1970).

10.16.100 Bus zone.

"Bus zone" means a designated portion of a road or street reserved for loading and unloading any transit bus or auto stage.

(Res. 78 § 1 (46.04.0751), 1970).

10.16.110 Cancel.

"Cancel," in all its forms means the invalidation indefinitely and until successful application, but shall be for a period of not less than one year.

(Res. 78 § 1 (46.04.090), 1970).

10.16.120 Centerline.

"Centerline" means the line, marked or unmarked, parallel to and equidistant from the sides of the roadway of a public highway.

(Res. 78 § 1 (46.04.100), 1970).

10.16.130 Center of intersection.

"Center of intersection" means the point of intersection of the centerlines of the roadway of intersecting public highways.

(Res. 78 § 1 (46.04.110), 1970).

10.16.140 Channelization island.

"Channelization island" means that area in the roadway set aside from vehicular travel, either by curbing, paint lines, or other markers for the purpose of facilitating vehicular movements or safeguarding pedestrians.

(Res. 78 § 1 (46.04.1231), 1970).

10.16.150 City street.

"City street" means every public highway, or part thereof located within the limits of cities and towns, except alleys.

(Res. 78 § 1 (46.04.120), 1970).

10.16.160 Collector arterial.

"Collector arterial" means a street which serves to collect and distribute traffic from major or secondary arterial to local streets.

(Res. 78 § 1 (46.04.1271), 1970).

10.16.170 Combination of vehicles.

"Combination of vehicles" means every combination of motor vehicle and motor vehicle, motor vehicle and trailer or motor vehicle and semitrailer.

(Res. 78 § 1 (46.04.130), 1970).

10.16.180 Commercial vehicle.

"Commercial vehicle" means any vehicle the principal use of which is transportation of commodities, merchandise, produce, freight, animals, or passengers for hire.

(Res. 78 § 1 (46.04.140), 1970).

10.16.190 Control of access.

"Control of access" means the condition where the right of owners or occupants of abutting land or other persons to access, light, air, or view in connection with a roadway is fully or partially controlled by public authority.

(1) "Full control of access" means that the authority to control access is exercised to give preference to through traffic by providing access connections with selected streets only and by prohibiting crossings at grade or direct driveway connections.

(2) "Partial control of access" means that the authority to control access is exercised to give preference to through traffic to a degree that, in addition to access connections with selected streets, there may be some crossings at grade and some driveway connections.

(Res. 78 § 1 (46.04.1551), 1970).

10.16.200 County road.

"County road" means every public highway or part thereof, outside the limits of cities and towns and which has not been designated as a state highway.

(Res. 78 § 1 (46.04.150), 1970).

10.16.210 Crosswalk.

"Crosswalk" means the portion of the roadway between the intersection area and a prolongation or connection of the farthest sidewalk line or in the event there are no sidewalks then between the intersection area and a line ten feet therefrom, except as modified by a marked crosswalk.

(Res. 78 § 1 (46.04.160), 1970).

10.16.220 Danger zone.

"Danger zone" means that portion of a street or road, the use of which is prohibited or specially regulated or restricted because of dangerous conditions and which is marked by signs or buttons.

(Res. 78 § 1 (46.04.1661), 1970).

10.16.230 Director– Department.

"Director" means the director of Motor Vehicles and "department" means the Department of Motor Vehicles.

(Res. 78 § 1 (46.04.680), 1970).

10.16.240 Driveaway-towaway operation.

"Driveaway-towaway operation" means any operation in which any motor vehicle, trailer or semitrailer, singly or in combination, new or used, constitutes the commodity being transported when one set or more wheels of any such vehicle are on the roadway during the course of transportation, whether or not any such vehicle furnishes the motive power.

(Res. 78 § 1 (46.04.165), 1970).

10.16.250 Explosives.

"Explosives" means any chemical compound or mechanical mixture that is commonly used or intended for the purpose of producing an explosion, and which contains any oxidizing or combustible units or other ingredients in such proportions, quantities or packing that an ignition by fire, by friction, by concussion, by percussion or by detonation of any part of the compound mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructive effects on contiguous objects or of destroying life or limb.

(Res. 78 § 1 (46.04.170), 1970).

10.16.260 Farm tractor.

"Farm tractor" means every motor vehicle designed and used primarily as a farm implement for drawing plows, mowing machines, and other implements of husbandry.

(Res. 78 § 1 (46.04.180), 1970).

10.16.270 Fire line.

"Fire line" means a line established at the direction of a fire chief during any emergency requiring the services of a fire department.

(Res. 78 § 1 (46.04.1821), 1970).

10.16.280 Fire zone.

"Fire zone" means an area about the scene of every fire during its course which shall consist of all streets within a radius of five hundred feet or less from the fire.

(Res. 78 § 1 (46.04.1841), 1970).

10.16.290 Flammable liquid.

"Flammable liquid" means any liquid which has a flash point of seventy degrees Fahrenheit, or less, as determined by a Tagliabue or equivalent closed cup test device.

(Res. 78 § 1 (46.04.210), 1970).

10.16.300 For hire vehicle.

"For hire vehicle" means any motor vehicle other than an auto stage used for the transportation of persons for compensation.

(Res. 78 § 1 (46.04.190), 1970).

10.16.310 Highway.

"Highway" means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.

(Res. 78 § 1 (46.04.431), 1970).

10.16.320 Hours of darkness.

"Hours of darkness" means the hours from one-half hour after sunset to one-half hour before sunrise, and any other time when persons or objects may not be clearly discernible at a distance of five hundred feet.

(Res. 78 § 1 (46.04.200), 1970).

10.16.330 Intersection area.

"Intersection area" means the area embraced within the prolongation of the lateral curb lines, or, if there are no curb lines, or if there are no curbs, then the lateral roadway boundary lines, of two or more public highways which join one another at an angle, whether or not such highways cross one another.

(Res. 78 § 1 (46.04.220), 1970).

10.16.340 Intersection center marker.

"Intersection center marker" means any standard, button, flag, painted or raised marker, or other device located at and intended to designate the approximate center of intersection.

(Res. 78 § 1 (46.04.230), 1970).

10.16.350 Intersection control area.

"Intersection control area" means intersection area, together with such modification of the adjacent roadway area as results from the arc of curb corners and together with any marked or unmarked crosswalks adjacent to the intersection.

(Res. 78 § 1 (46.04.240), 1970).

10.16.360 Intersection entrance marker.

"Intersection entrance marker" means any standard, button, flag, caution sign, stop sign, or other device located at approximately the point of intersection of the centerline of an intersecting public highway with the nearest line of the intersection control area on the approach thereto.

(Res. 78 § 1 (46.04.250), 1970).

10.16.370 Laned highway.

"Laned highway" means a highway the roadway of which is divided into clearly marked lanes for vehicular traffic.

(Res. 78 § 1 (46.04.260), 1970).

10.16.380 Lane line.

"Lane line" means a solid or broken paint line or other marker line separating lanes of traffic moving in the same direction.

(Res. 78 § 1 (46.04.2551), 1970).

10.16.390 Legal owner.

"Legal owner" means a mortgagee or owner of the legal title to a vehicle.

(Res. 78 § 1 (46.04.270), 1970).

10.16.400 Local authorities.

"Local authorities" includes every county, municipal, or other local public board or body having authority to adopt local police regulations under the Constitution and laws of this state.

(Res. 78 § 1 (46.04.280), 1970).

10.16.410 Marked crosswalk.

"Marked crosswalk" means any portion of a roadway distinctly indicated for pedestrian crossing by lines or other markings on the surface thereof.

(Res. 78 § 1 (46.04.290), 1970).

10.16.420 Metal tire.

"Metal tire" includes every tire, the bearing surface of which in contact with the highway is wholly or partly of metal or other hard, nonresilient material.

(Res. 78 § 1 (46.04.300), 1970).

10.16.430 Motorcycle.

"Motorcycle" means every motor vehicle having a saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding a farm tractor.

(Res. 78 § 1 (46.04.330), 1970).

10.16.440 Motor-driven cycle.

"Motor-driven cycle" means every motorcycle, including every motor scooter, with a motor which produces not to exceed five brake horsepower (developed by a prime mover, as measured by a brake applied to the driving shaft), and every bicycle with motor attached.

(Res. 78 § 1 (46.04.332), 1970).

10.16.450 Motor truck.

"Motor truck" means any motor vehicle designed or used for the transportation of commodities, merchandise, produce, freight, or animals.

(Res. 78 § 1 (46.04.310), 1970).

10.16.460 Motor vehicle.

"Motor vehicle" means every vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated on rails.

(Res. 78 § 1 (46.04.320), 1970).

10.16.470 Muffler.

"Muffler" means a device consisting of a series of chambers, or other mechanical designs for the purpose of receiving exhaust gas from an internal combustion engine and effective in reducing noise resulting therefrom.

(Res. 78 § 1 (46.04.340), 1970).

10.16.480 Multiple lane highway.

"Multiple lane highway" means any public highway the roadway of which is of sufficient width to reasonably accommodate four or more separate lanes of vehicular traffic, two or more lanes in each direction, each lane of which shall be not less than eight feet in width and whether or not such lanes are marked and whether or not the lanes of opposite bound traffic are separated by a neutral zone or other centerline marking.

(Res. 78 § 1 (46.04.350), 1970).

10.16.490 Nonresident.

"Nonresident" means any person whose residence is outside this state and who is temporarily sojourning within this state.

(Res. 78 § 1 (46.04.360), 1970).

10.16.500 Operator or driver.

"Operator or driver" means every person who is in actual physical control of a motor vehicle upon a public highway.

(Res. 78 § 1 (46.04.370), 1970).

10.16.510 Owner.

"Owner" means a person who holds a title of ownership of a vehicle, or in the event the vehicle is subject to an agreement for the conditional sale or lease thereof with a right of purchase upon performance of the conditions stated in the agreement and with the immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then any such conditional vendee or lessee, or mortgagor having a lawful right of possession or use and control for a period of ten or more successive days.

(Res. 78 § 1 (46.04.380), 1970).

10.16.520 Park.

"Park" means the standing of a vehicle whether occupied or not, parallel or substantially parallel with the curb or margin of the street otherwise than temporarily to avoid traffic conflict or in obedience to traffic regulations.

(Res. 78 § 1 (46.04.3811), 1970).

10.16.530 Passenger car.

"Passenger car" means every motor vehicle except motorcycles and motor-driven cycles, designed for carrying ten passengers or less and used for the transportation of persons.

(Res. 78 § 1 (46.04.382), 1970).

10.16.540 Passenger loading zone.

"Passenger loading zone" means a designated portion of a road or street reserved for the exclusive use of vehicles during the loading or unloading of passengers.

(Res. 78 § 1 (46.04.3851), 1970).

10.16.550 Pedestrian.

"Pedestrian" means any person afoot.

(Res. 78 § 1 (46.04.400), 1970).

10.16.560 Person.

"Person" includes every natural person, firm, copartnership, corporation, association, or organization.

(Res. 78 § 1 (46.04.405), 1970).

10.16.570 Pneumatic tires.

"Pneumatic tires" includes every tire of rubber or other resilient material designed to be inflated with compressed air to support the load thereon.

(Res. 78 § 1 (46.04.410), 1970).

10.16.580 Pole trailer.

"Pole trailer" means every vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach, or pole, or by being boomed or otherwise secured to the towing vehicle, and ordinarily used for transporting long or irregular shaped loads such as poles, pipes, logs or structural members capable, generally, of sustaining themselves as beams between the supporting connections.

(Res. 78 § 1 (46.04.414), 1970).

10.16.590 Police officer.

"Police officer" means every officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations.

(Res. 78 § 1 (46.04.391), 1970).

10.16.600 Private road or driveway.

"Private road or driveway" includes every way or place in private ownership and used for travel of vehicles by the owner or those having express or implied permission from the owner, but not by other persons.

(Res. 78 § 1 (46.04.420), 1970).

10.16.610 Public highway.

"Public highway" means any state, county, or city highway, road, or street as hereinbefore and hereinafter defined.

(Res. 78 § 1 (46.04.4251), 1970).

10.16.620 Public scale.

"Public scale" means every scale under public or private ownership which is certified as to its accuracy and which is available for public weighing.

(Res. 78 § 1 (46.04.435), 1970).

10.16.630 Railroad.

"Railroad" means a carrier of persons or property upon vehicles, other than street cars, operated upon stationary rails, the route of which is principally outside cities and towns.

(Res. 78 § 1 (46.04.440), 1970).

10.16.640 Railroad sign or signal.

"Railroad sign or signal" means any sign, signal, or device erected by authority of a public body or official or by a railroad and intended to give notice of the presence of railroad tracks or the approach of a railroad train.

(Res. 78 § 1 (46.04.450), 1970).

10.16.650 Registered owner.

"Registered owner" means a person who holds a certificate of ownership of a vehicle, or in the event the vehicle is subject to an agreement for the conditional sale or lease thereof with a right of purchase upon performance of the conditions stated in the agreement and with the immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then any such conditional vendee or lessee, or mortgagor having a lawful right of possession or use and control for a period of ten or more successive days.

(Res. 78 § 1 (46.04.460), 1970).

10.16.660 Residence district.

"Residence district" means the territory contiguous to and including a public highway not comprising a business district, when the property on such public highway for a continuous distance of three hundred feet or more on either side thereof is in the main improved with residences or residences and buildings in use for business.

(Res. 78 § 1 (46.04.470), 1970).

10.16.670 Revoke.

"Revoke," in all its forms, means the invalidation for a period of one calendar year and thereafter until reissue.

(Res. 78 § 1 (46.04.480), 1970).

10.16.680 Right-of-way.

"Right-of-way" means the privilege of the immediate use of the street, road, or highway.

(Res. 78 § 1 (46.04.4851), 1970).

10.16.690 Road tractor.

"Road tractor" includes every motor vehicle designed and used primarily as a road building vehicle in drawing road building machinery and devices.

(Res. 78 § 1 (46.04.490), 1970).

10.16.700 Roadway.

"Roadway" means the paved, improved, or proper driving portion of a public highway designed, or ordinarily used for vehicular travel.

(Res. 78 § 1 (46.04.500), 1970).

10.16.710 Safety zone.

"Safety zone" means the area or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected or is marked or indicated by painted marks, signs, buttons, standards, or otherwise, so as to be plainly discernible.

(Res. 78 § 1 (46.04.510), 1970).

10.16.720 School bus.

"School bus" means every motor vehicle used regularly to transport children to and from school or in connection with school activities, which is subject to the requirements set forth in the most recent edition of "Specifications for School Buses" published by the State Superintendent of Public Instruction, but does not include buses operated by common carriers in urban transportation of school children.

(Res. 78 § 1 (46.04.521), 1970).

10.16.730 Semitrailer.

"Semitrailer" includes every vehicle without motive power designed to be drawn by a motor vehicle or truck tractor and so constructed that an appreciable part of its weight and that of its load rests upon and is carried by such motor vehicle or truck tractor.

(Res. 78 § 1 (46.04.530), 1970).

10.16.740 Sidewalk.

"Sidewalk" means that property between the curb lines or the lateral lines of a roadway and the adjacent property, set aside and intended for the use of pedestrians or such portion of private property parallel and in proximity to a public highway and dedicated to use by pedestrians.

(Res. 78 § 1 (46.04.540), 1970).

10.16.750 Solid tire.

"Solid tire" includes every tire of rubber or other resilient material which does not depend upon inflation with compressed air for the support of the load thereon.

(Res. 78 § 1 (46.04.550), 1970).

10.16.760 Special mobile equipment.

"Special mobile equipment" means every vehicle not designed or used primarily for the transportation of persons or property and only incidentally operated or moved over a highway, including but not limited to: Ditch digging apparatus, well boring apparatus and road construction and maintenance machinery such as asphalt spreaders, bituminous mixers, bucket loaders, tractors other than truck-tractors, ditchers, leveling graders, finishing machines, motor graders, road rollers, drag lines and self-propelled cranes and earth moving equipment. The term does not include house trailers, dump trucks, truck mounted transit mixers, cranes or shovels or other vehicles designed for the transportation of persons or property to which machinery has been attached.

(Res. 78 § 1 (46.04.552), 1970).

10.16.770 State highway.

"State highway" includes every primary and secondary state highway or part thereof.

(Res. 78 § 1 (46.04.560), 1970).

10.16.780 Stop, stopping or standing.

"Stop, stopping or standing" when prohibited, means any stopping or standing of a vehicle whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the direction of a police officer or traffic control sign or signal.

(Res. 78 § 1 (46.04.5651), 1970).

10.16.790 Streetcar.

"Streetcar" means a vehicle other than a train for transporting persons or property and operated upon stationary rails principally within cities and towns.

(Res. 78 § 1 (46.04.570), 1970).

10.16.800 Suspend.

"Suspend," in all its forms, means invalidation for any period less than one calendar year and thereafter until reinstatement.

(Res. 78 § 1 (46.04.580), 1970).

10.16.810 Temporarily sojourning.

"Temporarily sojourning," as the term is used in this chapter, shall be construed to include any nonresident who is within this county for a period of not to exceed six months in any one year.

(Res. 78 § 1 (46.04.585), 1970).

10.16.820 Traffic.

"Traffic" includes pedestrians, ridden or herded animals, vehicles, streetcars, and other conveyances either singly or together, while using any public highways for purposes of travel.

(Res. 78 § 1 (46.04.590), 1970).

10.16.830 Traffic control devices.

"Official traffic control devices" means all signs, signals, markings and devices not inconsistent with Title 46 RCW placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning or guiding traffic.

(Res. 78 § 1 (46.04.611), 1970).

10.16.840 Traffic control signal.

"Traffic control signal" means any traffic device, whether manually electrically, or mechanically operated, by which traffic alternately is directed to stop or proceed or otherwise controlled.

(Res. 78 § 1 (46.04.600), 1970).

10.16.850 Trailer.

"Trailer" includes every vehicle without motive power designed for being drawn by or used in conjunction with a motor vehicle constructed so that no appreciable part of its weight rests upon or is carried by such motor vehicle.

(Res. 78 § 1 (46.04.620), 1970).

10.16.860 Train.

"Train" means a vehicle propelled by steam, electricity, or other motive power with or without cars coupled thereto, operated upon stationary rails, except streetcars.

(Res. 78 § 1 (46.04.630), 1970).

10.16.870 Truck tractor.

"Truck tractor" means any motor truck designed and used primarily for drawing a semitrailer and not constructed to carry a load thereon other than a part of the weight of such semitrailer and load so drawn.

(Res. 78 § 1 (46.04.650), 1970).

10.16.880 Used vehicle.

"Used vehicle" means a vehicle which has been sold, bargained, exchanged, given away, or title transferred from the person who first took title to it from the manufacturer or first importer, dealer, or agent of the manufacturer or importer, and so used as to have become what is commonly known as "secondhand" within the ordinary meaning thereof.

(Res. 78 § 1 (46.04.660), 1970).

10.16.890 Vehicle.

"Vehicle" includes every device capable of being moved upon a public highway and in, upon, or by which any persons or property is or may be transported or drawn upon a public highway, excepting devices moved by human or animal power or used exclusively upon stationary rails or tracks.

(Res. 78 § 1 (46.04.670), 1970).

Chapter 10.20
GENERAL PROVISIONS

Sections:

10.20.010 Uniformity of application.

10.20.020 Classification as emergency vehicles– Approval of operators.

10.20.030 Jurisdiction of district court, police court, and superior court.

10.20.040 Continuation of existing law.

10.20.010 Uniformity of application.

The provisions of this title relating to the operation of vehicles shall be applicable and uniform upon all persons operating vehicles upon the public roads of this county except as otherwise specifically provided.

(Res. 78 § 1 (46.08.030), 1970).

10.20.020 Classification as emergency vehicle– Approval of operators.

Any person, firm, corporation or municipal corporation desiring to have a vehicle registered as an authorized emergency vehicle shall make application for such classification to the county commission on equipment. It is unlawful for any such person, firm, or corporation or municipal corporation and the responsible officer thereof to permit the operation of such authorized emergency vehicles by any person not approved as operator thereof by the director of licenses.

(Res. 78 § 1 (46.08.060), 1970).

10.20.030 Jurisdiction of district court, police court, and superior court.

Every district court and police court judge shall have concurrent jurisdiction with superior court judges of the state for all violations of the provisions of this title and may impose any punishment provided therefor.

(Res. 78 § 1 (46.08.190), 1970).

10.20.040 Continuation of existing law.

The provisions of this title insofar as they are substantially the same as heretofore enacted and existing provisions of county ordinances which are repealed by this chapter, and relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments.

(Res. 78 § 1 (46.98.0101), 1970).

Chapter 10.24
CERTIFICATES OF OWNERSHIP

Sections:

10.24.010 Certificates required to operate and sell vehicles.

10.24.020 Destruction of vehicle– Surrender of certificates– Notice of settlement by insurance company.

10.24.030 Procedure on installation of different motor– Violation deemed misdemeanor.

10.24.040 Procedure when motor or motor block removed– Unlawful acts.

10.24.050 Sale or transfer of vehicle– Assignment of certificate of ownership.

10.24.010 Certificates required to operate and sell vehicles.

It is unlawful for any person to operate any vehicle in this county under a certificate of license registration of this certificate of ownership therefor and it is further unlawful for any person to sell or transfer any vehicle without complying with all the provisions of RCW 46.12 relating to certificates of ownership and license registration of vehicles: provided, that nothing in this title shall be construed to prevent any person entitled thereto from securing a certificate of ownership upon a vehicle without securing a certificate of license registration and vehicle license plate, when, in the judgement of the director of licenses, it is proper to do so.

(Res. 78 § 1 (46.12.0101), 1970).

10.24.020 Destruction of vehicle– Surrender of certificates– Notice of settlement by insurance company.

Upon the destruction of any vehicle covered by certificates of license registration and ownership, the registered owner and the legal owner shall forthwith and within five days thereafter forward and surrender such certificate, together with the vehicle license plates therefor if available, to the director, together with a statement of the reason for such surrender and the time and place of destruction. Failure to notify the director of the possession by any person of any such certificate for a vehicle so destroyed, after five days following its destruction, shall be prima facie evidence of violation of the provisions of this chapter and shall constitute a gross misdemeanor.

Any insurance company settling any insurance claim on any such vehicle as a total loss, less salvage, shall notify the director thereof within five days after the settlement of any such claim under any policy of insurance carried by it on a vehicle covered by certificates of license registration and ownership issued by this state.

(Res. 78 § 1 (46.12.070), 1970).

10.24.030 Procedure on installation of different motor– Violation deemed misdemeanor.

Any person holding the certificate of license registration for a vehicle in which there has been installed a new or different motor than that with which it was issued certificates of ownership and license registration shall forthwith and within five days after such installation forward and surrender such certificates to the director, together with an application for issue of corrected certificates of ownership and license registration and a fee of one dollar, and a statement of the disposition which was made of the former motor. The possession by any person of any such certificates for a vehicle in which a new or different motor has been installed, after five days following such installation, shall be prima facie evidence of a violation of the provisions of this chapter and shall constitute a misdemeanor.

(Res. 78 § 1 (46.12.080), 1970).

10.24.040 Procedure when motor or motor block removed– Unlawful acts.

Whenever the motor or motor block carrying the identification number is removed from any motor vehicle and the vehicle has not been destroyed or dismantled in such a manner as to come under the provisions of RCW 46.12.070, and there has been issued and is outstanding a certificate of ownership for such vehicle, the registered owner or vehicle dealer having possession of the vehicle shall, within a period of five days after the removal thereof, notify the director in writing on forms to be prescribed by the director and furnished for that purpose, giving the description of the vehicle from which such motor or motor block has been removed, the date of the removal thereof, and the name and address of the purchaser or holder thereof, or in the event the motor or motor block is not in a condition to be used in a motor vehicle, and disposition made thereof. It is unlawful for any dealer or registered owner to fail, neglect or refuse to comply with the provisions of this section.

(Res. 78 § 1 (46.12.090), 1970).

10.24.050 Sale or transfer of vehicle– Assignment of certificate of ownership.

In the event of the sale or other transfer to a new registered owner of any vehicle for which a certificate of ownership and a certificate of license registration have been issued, the registered and legal owners shall endorse upon the certificate of ownership and assignment thereof in form printed thereon, and shall record thereon name of purchaser or transferee at the time of the delivery to him of the vehicle. Delivery of a certificate of title to a purchaser or his agent without at the same time recording the name of the purchaser and the date of the transaction on the assignment form shall constitute a misdemeanor.

(Res. 78 § 1 (46.12.1011), 1970).

Chapter 10.28
VEHICLE LICENSES

Sections:

10.28.010 Licenses and plates required.

10.28.020 Overloading licensed capacity.

10.28.030 Attachment of plates to vehicles– Violations enumerated.

10.28.040 License registration certificate– Endorsement– Attachment to vehicle.

10.28.050 License certificate and plates follow vehicle on transfer– Exception.

10.28.010 Licenses and plates required.

It is unlawful for a person to operate any vehicle over and along a public highway in this county without first having obtained and having in full force and effect a current and proper vehicle license and display vehicle license number plates therefor as per RCW 46.16.

(Res. 78 § 1 (46.16.0101), 1970).

10.28.020 Overloading licensed capacity.

Any person who operates, or causes, permits, or suffers to be operated upon a public highway of this county any auto stage, motor truck, trailer, pole trailer or semitrailer, with passengers, or with a maximum gross weight, in excess of that for which the vehicle is licensed shall be guilty of a misdemeanor.

(Res. 78 § 1 (46.16.1401), 1970).

10.28.030 Attachment of plates to vehicles– Violations enumerated.

The vehicle license number plates shall be attached conspicuously at the front and rear of each vehicle for which the same are issued and in such a manner that they can be plainly seen and read at all times. Each vehicle license number plate shall be placed or hung in a horizontal position at a distance of not less than one foot nor more than four feet from the ground and shall be kept clean so as to be plainly seen and read at all times; provided, however, that in cases where the body construction of the vehicle is such that compliance with this section is impossible, permission to deviate therefrom may be granted by the State Commission on Equipment. It is unlawful to display upon the front or rear of any vehicle, vehicle license number plate or plates other than those furnished by the director for such vehicle or to display upon any vehicle any vehicle license number plate or plates which have been in any manner changed, altered, disfigured or have become illegible. It is unlawful for any person to operate any vehicle unless there shall be displayed upon such vehicle two valid vehicle license number plates attached as herein provided.

(Res. 78 § 1 (46.16.240), 1970).

10.28.040 License registration certificate– Endorsement– Attachment to vehicle.

A certificate of license registration to be valid must have endorsed thereon the signature of the registered owner (if a firm or corporation, the signature of one of its officers or other duly authorized agent), and must be enclosed in a suitable container and attached to the vehicle for which it is issued, at all times in the manner prescribed by the director. When the nature of the vehicle will not permit display in the place prescribed by the director, then such container with certificate therein shall be securely affixed at some conspicuous position upon the vehicle where it can be easily found, read, and inspected at all times by a person on the outside of the vehicle. The container shall have a cover of transparent material through which the certificate may be inspected as to the information shown thereon, including the signature of the registered owner, and it is unlawful for any person to operate or have in his possession a vehicle without carrying thereon such certificate of license registration as herein provided. Any person in charge of such vehicle shall, upon demand of any of the local authorities or of any police officer or of any representative of the department, permit an inspection of such certificate of license registration.

(Res. 78 § 1 (46.16.260), 1970).

10.28.050 License certificate and plates follow vehicle on transfer– Exception.

In any case of valid sale or transfer of the ownership of any vehicle, the right to the certificates properly transferable therewith and to the vehicle license number plates shall pass to the purchaser or transferee and it is unlawful for the holder of such certificates or vehicle license number plates to fail, neglect or refuse to endorse such certificates and deliver such vehicle license number plates to such purchaser or transferee: provided, that if such sale or transfer be of a vehicle licensed by the state or any county, city, town, school district or other political subdivision entitled to exemption as provided by law, the vehicle license number plates therefor shall be retained and may be displayed upon such vehicle as may be procured in replacement of the vehicle so sold or transferred.

(Res. 78 § 1 (46.16.290), 1970).

Chapter 10.32
DRIVER'S LICENSES

Sections:

10.32.010 Driver's license required.

10.32.020 Persons exempt from licensing requirement.

10.32.030 Physically or mentally disabled persons.

10.32.040 Age limit for school bus drivers and drivers of for hire vehicles.

10.32.050 License to be in immediate possession and displayed on demand.

10.32.060 Unlawful renting of vehicle to unlicensed person– Rental record.

10.32.070 Violations.

10.32.080 Driving while license suspended or revoked.

10.32.090 Unlawful to allow unauthorized minor child or ward to drive.

10.32.100 Unlawful to allow unauthorized person to drive.

10.32.110 Operation of motor vehicle prohibited while license suspended or revoked.

10.32.010 Driver's license required.

It is unlawful for a person to operate a motor vehicle upon a public highway within this county unless he has in his possession a current and valid vehicle operator's license issued on his own application as provided for in RCW 46.20.

(Res. 78 § 1 (46.20.0211), 1970).

10.32.020 Persons exempt from licensing requirement.

The following persons are exempt from the provisions of Section 10.32.010:

(1) Any person in the service of the army, navy, air force, marine corps or coast guard of the United States, or in the service of the national guard of this state or any other state, when furnished with a driver's license by such service when operating an official motor vehicle in such service;

(2) A nonresident who is at least sixteen years of age and who has in his immediate possession a valid driver's license issued to him in his home state;

(3) A nonresident who is at least sixteen years of age and who has in his immediate possession a valid driver's license issued to him in his home country may operate a motor vehicle in this state for a period not to exceed one year;

(4) Any person operating special highway construction equipment as defined in RCW 46.16.010;

(5) Any person while driving or operating any farm tractor or implement of husbandry which is only incidentally operated or moved over a highway.

(Res. 78 § 1 (46.20.025), 1970).

10.32.030 Physically or mentally disabled persons.

It is unlawful for any person to operate a motor vehicle on any public highway in this county in any manner in violation of the restrictions in a restricted license issued to him pursuant to RCW 46.20.041.

(Res. 78 § 1 (46.20.0411), 1970).

10.32.040 Age limit for school bus drivers and drivers of for hire vehicles.

No person who is under the age of eighteen years shall drive any school bus transporting school children. No person who is under the age of twenty-one years shall drive any motor vehicle when in use for the transportation of persons for compensation.

(Res. 78 § 1 (46.20.045), 1970).

10.32.050 License to be in immediate possession and displayed on demand.

Every licensee shall have his driver's license in his immediate possession at all times when operating a motor vehicle and shall display the same upon demand to any police officer or to any other person when and if required by law to do so.

(Res. 78 § 1 (46.20.190), 1970).

10.32.060 Unlawful renting of vehicle to unlicensed person– Rental record.

(a) It is unlawful for any person to rent a motor vehicle of any kind including a motorcycle to any other person unless the latter person is then duly licensed as a vehicle operator for the kind of motor vehicle being rented in this state, or, in case of a nonresident, then that he is duly licensed as an operator under the laws of the state or country of his residence except a nonresident whose home state or country does not require that a motor vehicle operator be licensed.

(b) It is unlawful for any person to rent a motor vehicle to another person until he has inspected the vehicle operator's license of such other person and compared and verified the signature thereon with the signature of such other person written in his presence.

(c) Every person renting a motor vehicle to another person shall keep a record of the vehicle license number of the motor vehicle so rented, the name and address of the person to whom the motor vehicle is rented, the number of the vehicle operator's license of the person renting the vehicle and the date and place when and where such vehicle operator's license was issued. Such record shall be open to inspection by any peace officer or anyone acting for the director of licenses.

(Res. 78 § 1 (46.20.220), 1970).

10.32.070 Violations.

It is misdemeanor for any person:

(1) To display or cause or permit to be displayed or have in his possession any canceled, revoked, suspended, fictitious or fraudulently altered driver's license;

(2) To lend his driver's license to any other person or knowingly permit the use thereof by another;

(3) To display or represent as one's own any driver's license not issued to him;

(4) Wilfully to fail or refuse to surrender to the department upon its lawful demand any driver's license which has been suspended, revoked or canceled;

(5) To use a false or fictitious name in any application for a driver's license or to knowingly make a false statement or to knowingly conceal a material fact or otherwise commit a fraud in any such application;

(6) To permit any unlawful use of a driver's license issued to him.

(Res. 78 § 1 (46.20.336), 1970).

10.32.080 Driving while license suspended or revoked.

Any person who drives a motor vehicle on any public highway in this county at a time when his privilege so to do is suspended or revoked is guilty of a misdemeanor and upon conviction shall be punished by imprisonment for not less than ten days nor more than six months and there may be imposed in addition thereto a fine of not more than five hundred dollars.

(Res. 78 § 1 (46.20.3421), 1970).

10.32.090 Unlawful to allow unauthorized minor child or ward to drive.

No person shall cause or knowingly permit his child or ward under the age of eighteen years to drive a motor vehicle upon any highway in this county when such minor is not authorized by RCW 46.20 or in violation of any of the provisions of RCW 46.20.

(Res. 78 § 1 (46.20.3431), 1970).

10.32.100 Unlawful to allow unauthorized person to drive.

No person shall authorize and knowingly permit a motor vehicle owned by him or under his control to be driven upon any highway by any person who is not authorized hereunder or in violation of any of the provisions of this chapter.

(Res. 78 § 1 (46.20.344), 1970).

10.32.110 Operation of motor vehicle prohibited while license suspended or revoked.

Any resident or nonresident whose operator's license or right or privilege to operate a motor vehicle in this state has been suspended or revoked as provided in RCW 46.20 shall not operate a motor vehicle in this county under a license, permit, or registration certificate issued by any other jurisdiction or otherwise during such suspension or after such revocation until a new license is obtained when and as permitted under RCW 46.20.

(Res. 78 § 1 (46.20.420), 1970).

Chapter 10.34
UNMUFFLED COMPRESSION BRAKES

Sections:

10.34.010 Unmuffled compression brakes– Prohibited.

10.34.020 County engineer– To post signs designating areas where use prohibited.

10.34.030 Violation– Penalty.

10.34.010 Unmuffled compression brakes– Prohibited.

Unmuffled compression brakes are prohibited; provided, such prohibition shall be applicable only to those public highways or portions thereof identified and prohibited by resolution of the board of county commissioners; provided further that, no person shall use motor vehicle brakes which are in any way activated or operated by the compression of the engine of the motor vehicle or any unit or part thereof, unless the braking system is equipped with a functional muffler.

(Ord. 122-91 (part), 1991).

10.34.020 County engineer– To post signs designating areas where use prohibited.

(a) The county engineer shall post and maintain signs designating the areas in which the use of unmuffled compression braking systems have been prohibited by resolution of the board of county commissioners, and the county engineer shall keep and maintain a file of areas so designated, and the file shall be open to the public.

(b) These prohibitions shall be in full force and effective immediately upon the posting of the roads involved.

(Ord. 122-91 (part), 1991).

10.34.030 Violation– Penalty.

Any person or persons violating the provisions of this chapter shall have committed a traffic infraction and a penalty of one hundred dollars shall be imposed. Violations shall be enforced by such authorities and in such manner as set forth in RCW Chapter 46.63 and RCW Chapter 46.64. The fine shall not apply if an emergency situation exists and the use of unmuffled engine compression brakes is necessary for the protection of persons or property.

(Ord. 122-91 (part), 1991).

Chapter 10.36
VEHICLE INSPECTION

Sections:

10.36.010 Moving defective vehicle unlawful– Impounding authorized.

10.36.010 Moving defective vehicle unlawful– Impounding authorized.

It is unlawful for any person to operate or move or for any owner to cause or permit to be operated or moved upon any public highway in this county, any vehicle or combination of vehicles, which is not at all times equipped in the manner required by RCW 46.32, or the equipment of which is not in a proper condition and adjustment as required by RCW 46.

Any vehicle operated upon the public highways of this county and at any time found to be defective in equipment in such a manner that it may be considered unsafe shall be an unlawful vehicle and may be prevented from further operation until such equipment defect is corrected and any peace officer is empowered to impound such vehicle until the same has been placed in a condition satisfactory to vehicle inspection. The necessary cost of impounding any such unlawful vehicle and any cost for the storage and keeping thereof shall be paid by the owner thereof. The impounding of any such vehicle shall be in addition to any penalties for such unlawful operation.

The provisions of this section shall not be construed to prevent the operation of any such defective vehicle to a place for correction of equipment defect in the manner directed by any peace officer or representative of the State Commission on Equipment.

(Res. 78 § 1 (46.32.060), 1970).

Chapter 10.40
VEHICLE LIGHTING AND OTHER EQUIPMENT

Sections:

10.40.010 Scope and effect of regulations.

10.40.020 When lighted lamps and signaling devices required.

10.40.030 Visibility distance– Mounted height of lamps.

10.40.040 Head lamps on motor vehicles.

10.40.050 Tail-lamps.

10.40.060 Reflectors.

10.40.070 Stop lamps and turn signals required.

10.40.080 Application of succeeding sections.

10.40.090 Additional equipment required on certain vehicles.

10.40.100 Color of clearance lamps, side marker lamps, back-up lamps and reflectors.

10.40.110 Mounting of reflectors, clearance lamps and side marker lamps.

10.40.120 Visibility of reflectors, clearance lamps, identification lamps and side marker lamps.

10.40.130 Obstructed lights not required.

10.40.140 Lamps, reflectors, and flags on projecting load.

10.40.150 Lamps on vehicles– Parked or stopped vehicles– Lighting requirements.

10.40.160 Lamps and reflectors on farm tractors, farm equipment and implements of husbandry.

10.40.170 Lamps and reflectors on other vehicles and equipment.

10.40.180 Spot lamps and auxiliary lamps.

10.40.190 Red flashing lights on fire department vehicles.

10.40.200 Blue light on firemen's private cars.

10.40.210 Fire department sign or plate on private car.

10.40.220 Blue light, sign or plate– Identification card required– Funeral coach may display blue light.

10.40.230 Penalty for violation of Sections 10.40.190 through 10.40.220.

10.40.240 Red lights on emergency vehicles, school buses, police vehicles– Sirens on emergency vehicles– Driver's duty to yield and stop.

10.40.250 Stop lamps and electric turn signals.

10.40.260 Additional lighting equipment.

10.40.270 Multiple-beam road lighting equipment.

10.40.280 Use of multiple-beam road lighting equipment.

10.40.290 Single-beam road lighting equipment.

10.40.300 Lighting equipment on motor-driven cycles.

10.40.310 Alternate road lighting equipment.

10.40.320 Number of driving lamps required or permitted.

10.40.330 Special restrictions on lamps.

10.40.340 Special lighting equipment on school buses.

10.40.350 Standards for lights on snow removal or highway maintenance and service equipment.

10.40.360 Braking equipment required.

10.40.370 Maintenance of brakes.

10.40.380 Brakes on motor-driven cycles.

10.40.390 Horns and warning devices.

10.40.400 Mufflers– Prevention of noise and smoke.

10.40.410 Mirrors.

10.40.420 Windshields must be unob-structed and equipped with wipers.

10.40.430 Restrictions as to tire equipment.

10.40.440 Safety glazing materials in motor vehicles.

10.40.450 Certain vehicles to carry flares or other warning devices.

10.40.460 Display of warning devices when vehicle disabled.

10.40.470 Vehicles transporting explosives.

10.40.480 Television viewers.

10.40.490 Safety load chains and devices required.

10.40.500 Splash guards.

10.40.510 Seat belts.

10.40.520 Motorcycles– Mirrors, goggles, face shields, and helmets– Regulations and specifications by Commission on Equipment.

10.40.530 Helmet requirements when motorcycle rented.

10.40.010 Scope and effect of regulations.

(a) It is a misdemeanor for any person to drive or move or for the owner to cause or knowingly permit to be driven or moved on any highway any vehicle or combination of vehicles which is in such unsafe condition as to endanger any person, or which does not contain those parts or is not at all times equipped with such lamps and other equipment in proper condition and adjustment as required in RCW 46.37 or which is equipped in any manner in violation of RCW 46.37 or for any person to do any act forbidden or fail to perform any act required under RCW 46.37.

(b) Nothing contained in this chapter shall be construed to prohibit the use of additional parts and accessories on any vehicle not inconsistent with the provisions of RCW 46.37.

(c) The provisions of this section with respect to equipment on vehicles shall not apply to implements of husbandry, road machinery, road rollers or farm tractors except as herein made applicable.

(Res. 78 § 1 (46.37.010), 1970).

10.40.020 When lighted lamps and signaling devices required.

Every vehicle upon a highway within this county at any time from a half hour after sunset to a half hour before sunrise and at any other time when, due to insufficient light or unfavorable atmospheric conditions, persons and vehicles on the highway are not clearly discernible at a distance of five hundred feet ahead shall display lighted lamps and illuminating devices as hereinafter respectively required for different classes of vehicles, subject to exceptions with respect to parked vehicles, and further that stop lights, turn signals and other signaling devices shall be lighted as prescribed for the use of such devices.

(Res. 78 § 1 (46.37.020), 1970).

10.40.030 Visibility distance– Mounted height of lamps.

(a) Whenever requirement is hereinafter declared as to distance from which certain lamps and devices shall render objects visible or within which such lamps or devices shall be visible, said provisions shall apply during the times stated in RCW 46.37.020 in respect to a vehicle without load when upon a straight, level, unlighted highway under normal atmospheric conditions unless a different time or condition is expressly stated.

(b) Whenever requirement is hereinafter declared as to the mounted height of lamps or devices it means from the center of such lamp or device to the level ground upon which the vehicle stands when such vehicle is without a load.

(Res. 78 § 1 (46.37.030), 1970).

10.40.040 Head lamps on motor vehicles.

(a) Every motor vehicle other than a motorcycle or motor-driven cycle shall be equipped with at least two head lamps with at least one on each side of the front of the motor vehicle, which head lamps shall comply with the requirements and limitations set forth in this chapter.

(b) Every motorcycle and every motor-driven cycle shall be equipped with at least one and not more than two head lamps which shall comply with the requirements and limitations of this chapter.

(c) Every head lamp upon every motor vehicle, including every motorcycle and motor-driven cycle, shall be located at a height measured from the center of the head lamp of not more than fifty-four inches nor less than twenty-four inches to be measured as set forth in RCW 46.37.030(2).

(Res. 78 § 1 (46.37.040), 1970).

10.40.050 Tail-lamps.

(a) Every motor vehicle, trailer, semitrailer and pole trailer, and any other vehicle which is being drawn at the end of a combination of vehicles, shall be equipped with at least two tail lamps mounted on the rear, which, when lighted as required in RCW 46.37.020, shall emit a red light plainly visible from a distance of one thousand feet to the rear, except that passenger cars manufactured or assembled prior to January 1, 1939, and motorcycles and motor-driven cycles, shall have at least one tail lamp. On a combination of vehicles only the tail lamps on the rearmost vehicle need actually be seen from the distance specified. On vehicles equipped with more than one tail lamp, the lamps shall be mounted on the same level and as widely spaced laterally as practicable.

(b) Every tail lamp upon every vehicle shall be located at a height of not more than seventy-two inches nor less than twenty inches.

(c) Either a tail lamp or a separate lamp shall be so constructed and placed as to illuminate with a white light the rear registration plate and render it clearly legible from a distance of fifty feet to the rear. Any tail lamp or tail lamps, together with any separate lamp or lamps for illuminating the rear registration plate, shall be so wired as to be lighted whenever the head lamps or auxiliary driving lamps are lighted.

(Res. 78 § 1 (46.37.050), 1970).

10.40.060 Reflectors.

(a) Every motor vehicle, trailer, semitrailer and pole trailer shall carry on the rear, either as a part of the tail lamps or separately, two or more red reflectors meeting the requirements of this section, except that motorcycles and motor-driven cycles shall carry at least one such reflector: provided, however, that vehicles of the type mentioned in RCW 46.37.090 shall be equipped with reflectors meeting the requirements of RCW 46.37.110 and 46.37.120.

(b) Every such reflector shall be mounted on the vehicle at a height not less than twenty inches nor more than sixty inches measured as set forth in RCW 46.37.030(2), and shall be of such size and characteristics and so mounted as to be visible at night from all distances within three hundred fifty feet to one hundred feet from such vehicle when directly in front of lawful upper beams of head lamps, except that visibility from a greater distance is hereinafter required of reflectors on certain types of vehicles.

(Res. 78 § 1 (46.37.060), 1970).

10.40.070 Stop lamps and turn signals required.

(a) Every motor vehicle, trailer, semitrailer and pole trailer shall be equipped with two or more stop lamps meeting the requirements of RCW 46.37.200, except that passenger cars manufactured or assembled prior to January 1, 1964, and motorcycles and motor-driven cycles shall be equipped with at least one such stop lamp. On a combination of vehicles, only the stop lamps on the rearmost vehicle need actually be seen from the distance specified in RCW 46.37.200(1).

(b) Every motor vehicle, trailer, semitrailer and pole trailer shall be equipped with electric turn signal lamps meeting the requirements of RCW 46.37.300(2), except that motor vehicles, trailers, semitrailers and pole trailers manufactured or assembled prior to January 1, 1954, and motorcycles and motor-driven cycles need not be equipped with electric turn signal lamps.

(Res. 78 § 1 (46.37.070), 1970).

10.40.080 Application of succeeding sections.

Those sections of this chapter which follow immediately, including Sections 10.40.090, 10.40.100, 10.40.110, 10.40.120 and 10.40.130, relating to clearance lamps, marker lamps, and reflectors, shall apply as stated in those sections to vehicles of the type therein enumerated, namely buses, trucks, truck tractors, and trailers, semitrailers and pole trailers, respectively, when operated upon any highway, and the vehicles shall be equipped as required and all lamp equipment required shall be lighted at the times mentioned in Section 10.40.020.

(Res. 78 § 1 (46.37.080), 1970).

10.40.090 Additional equipment required on certain vehicles.

In addition to other equipment required in RCW 46.37.040, 46.37.050, 46.37.060 and 46.37.070, the following vehicles shall be equipped as herein stated under the conditions stated in RCW 46.37.080, and in addition, the reflectors elsewhere enumerated for such vehicles shall conform to the requirements of RCW 46.37.120(1):

(1) Buses and trucks eighty inches or more in overall width:

(A) On the front, two clearance lamps, one at each side, and on vehicles manufactured or assembled after January 1, 1964, three identification lamps meeting the specifications of subdivision (6) of this section,

(B) On the rear, two clearance lamps, one at each side, and three identification lamps meeting the specifications of subdivision (6) of this section,

(C) On each side, two side marker lamps, one at or near the front and one at or near the rear,

(D) On each side, two reflectors, one at or near the front and one at or near the rear;

(2) Trailers and semitrailers eighty inches or more in overall width:

(A) On the front, two clearance lamps, one at each side,

(B) On the rear, two clearance lamps, one at each side, and three identification lamps meeting the specifications of subdivision (6) of this section,

(C) On each side, two side marker lamps, one at or near the front and one at or near the rear;

(D) On each side, two reflectors, one at or near the front and one at or near the rear;

(3) Truck tractors: On the front, two cab clearance lamps, one at each side, and on vehicles manufactured or assembled after January 1, 1964, three identification lamps meeting the specifications of subdivision (6) of this section;

(4) Trailers, semitrailers and pole trailers thirty feet or more in overall length: On each side, one amber side marker lamp and one amber reflector, centrally located with respect to the length of the vehicles;

(5) Pole trailers:

(A) On each side, one amber side marker lamp at or near the front of the load,

(B) One amber reflector at or near the front of the load,

(C) On the rearmost support for the load, one combination marker lamp showing amber to the front and red to the rear and side, mounted to indicate maximum width of the pole trailer;

(6) Whenever required or permitted by this chapter, identification lamps shall be grouped in a horizontal row, with lamp centers spaced not less than six nor more than twelve inches apart, and mounted on the permanent structure of the vehicle as close as practicable to the vertical centerline: provided, however, that where the cab of a vehicle is not more than forty-two inches wide at the front roof line, a single identification lamp at the center of the cab shall be deemed to comply with the requirements for front identification lamps.

(Res. 78 § 1 (46.37.090), 1970).

10.40.100 Color of clearance lamps, side marker lamps, back-up lamps and reflectors.

(a) Front clearance lamps and those marker lamps and reflectors mounted on the front or on the side near the front of a vehicle shall display or reflect an amber color.

(b) Rear clearance lamps and those marker lamps and reflectors mounted on the rear or on the sides near the rear of a vehicle shall display or reflect a red color.

(c) All lighting devices and reflectors mounted on the rear of any vehicle shall display or reflect a red color, except the stop lamp or other signal device, which may be red, amber or yellow, and except that the light illuminating the license plate shall be white and the light emitted by a back-up lamp shall be white or amber.

(Res. 78 § 1 (46.37.100), 1970).

10.40.110 Mounting of reflectors, clearance lamps and side marker lamps.

(a) Reflectors when required by Section 10.40.090 shall be mounted at a height not less than twenty-four inches and not higher than sixty inches above the ground on which the vehicle stands, except that if the highest part of the permanent structure of the vehicle is less than twenty-four inches the reflector at such point shall be mounted as high as that part of the permanent structure will permit.

The rear reflector on a pole trailer may be mounted on each side of the bolster or load.

Any required red reflector on the rear of a vehicle may be incorporated with the tail lamp, but such reflector shall meet all the other reflector requirements of this chapter.

(b) Clearance lamps shall be mounted on the permanent structure of the vehicle in such a manner as to indicate its extreme width and as near the top thereof as practicable. Clearance lamps and side marker lamps may be mounted in combination provided illumination is given as required herein with reference to both.

(Res. 78 § 1 (46.37.110), 1970).

10.40.120 Visibility of reflectors, clearance lamps, identification lamps and side marker lamps.

(a) Every reflector upon any vehicle referred to in Section 10.40.090 shall be of such size and characteristics and so maintained as to be readily visible at nighttime from all distances within six hundred feet to one hundred feet from the vehicle when directly in front of lawful upper beams of head lamps. Reflectors required to be mounted on the sides of the vehicle shall reflect the required color of light to the sides, and those mounted on the rear shall reflect a red color to the rear.

(b) Front and rear clearance lamps and identification lamps shall be capable of being seen and distinguished under normal atmospheric conditions at the times lights are required at all distances between five hundred feet and fifty feet from the front and rear, respectively, of the vehicle.

(c) Side marker lamps shall be capable of being seen and distinguished under normal atmospheric conditions at the times lights are required at all distances between five hundred feet and fifty feet from the side of the vehicle on which mounted.

(Res. 78 § 1 (46.37.120), 1970).

10.40.130 Obstructed lights not required.

Whenever motor and other vehicles are operated in combination during the time that lights are required, any lamp (except tail lamps) need not be lighted which, by reason of its location on a vehicle of the combination, would be obscured by another vehicle of the combination, but this shall not affect the requirement that lighted clearance lamps be displayed on the front of the foremost vehicle required to have clearance lamps, nor that all lights required on the rear of the rear-most vehicle of any combination shall be lighted.

(Res. 78 § 1 (46.37.130), 1970).

10.40.140 Lamps, reflectors, and flags on projecting load.

Whenever the load upon any vehicle extends to the rear four feet or more beyond the bed or body of such vehicle there shall be displayed at the extreme rear end of the load, at the times specified in Section 10.40.020, two red lamps, visible from a distance of at least five hundred feet to the rear, two red reflectors meeting the requirements of Section 10.40.120(a), visible from the rear and located so as to indicate maximum width, and on each side one red lamp, visible from a distance of at least five hundred feet to the side, located so as to indicate maximum overhang. There shall be displayed at all other times on any vehicle having a load which extends beyond its sides or more than four feet beyond its rear, red flags, not less than twelve inches square, marking the extremities of such loads, at each point where a lamp would otherwise be required by this section, under RCW 46.37.020.

(Res. 78 § 1 (46.37.140), 1970).

10.40.150 Lamps on vehicles– Parked or stopped vehicles– Lighting requirements.

(a) Every vehicle shall be equipped with one or more lamps, which, when lighted, shall display a white or amber light visible from a distance of one thousand feet to the front of the vehicle, and a red light visible from a distance of one thousand feet to the rear of the vehicle. The location of the lamp or lamps shall always be such that at least one lamp or combination of lamps meeting the requirements of this section is installed as near as practicable to the side of the vehicle which is closest to passing traffic. The foregoing provisions shall not apply to a motor-driven cycle.

(b) Whenever a vehicle is lawfully parked upon a street or highway during the hours between a half hour after sunset and a half hour before sunrise and in the event there is a sufficient light to reveal any person or object within a distance of one thousand feet upon such street or highway, no lights need be displayed upon such parked vehicle.

(c) Whenever a vehicle is parked or stopped upon a roadway or shoulder adjacent thereto, outside an incorporated city or town, whether attended or unattended, during the hours between a half hour after sunset and a half hour before sunrise and there is insufficient light to reveal any person or object within a distance of one thousand feet upon such highway, such vehicle so parked or stopped shall be equipped with and shall display lamps meeting the requirements of subsection (a) of this section.

(d) Any lighted head lamps upon a parked vehicle shall be depressed or dimmed.

(Res. 78 § 1 (46.37.150), 1970).

10.40.160 Lamps and reflectors on farm tractors, farm equipment and implements of husbandry.

(a) Every farm tractor and every self-propelled unit of farm equipment or implement of husbandry shall at all times mentioned in Section 10.40.020 be equipped with two single-beam or multiple-beam head lamps meeting the requirements of Section 10.40.270 or 10.40.300, respectively, or, as an alternative, Section 10.40.310, and at least two red lamps visible when lighted from a distance of not less than one thousand feet to the rear; and at least two red reflectors visible from all distances within six hundred feet to one hundred feet to the rear when directly in front of lawful upper beams of head lamps.

(b) Every combination of farm tractor and towed farm equipment or towed implement of husbandry shall at all times mentioned in Section 10.40.020 be equipped with lamps as follows:

(1) The farm tractor element of every such combination shall be equipped as required in subsection (a) of this section;

(2) The towed unit of farm equipment or implement of husbandry element of such combination shall be equipped on the rear with two red lamps visible when lighted from a distance of not less than one thousand feet to the rear, and two red reflectors visible to the rear from all distances within six hundred feet to one hundred feet to the rear when directly in front of lawful upper beams of head lamps;

(3) The combinations shall also be equipped with a lamp displaying a white or amber light, or any shade of color between white and amber, visible when lighted from a distance of not less than one thousand feet to the front. This lamp shall be so positioned to indicate as nearly as practicable, the extreme left projection of the combination carrying it.

(c) The two red lamps and the two red reflectors required in the foregoing subsections of this section on a self-propelled unit of farm equipment or implement of husbandry or combination of farm tractor and towed farm equipment shall be so positioned as to show from the rear as nearly as practicable the extreme width of the vehicle or combination carrying them.

(Res. 78 § 1 (46.37.160), 1970).

10.40.170 Lamps and reflectors on other vehicles and equipment.

Every vehicle, including animal-drawn vehicles and vehicles referred to in Section 10.40.010(3), not specifically required by the provisions of Sections 10.40.020 through 10.40.350 to be equipped with lamps, or other lighting devices, shall at all times specified in Section 10.40.020 be equipped with at least one lamp displaying a white light visible from a distance of not less than one thousand feet to the front of said vehicle, and shall also be equipped with two lamps displaying red light visible from a distance of not less than one thousand feet to the rear of the vehicle, or as an alternative, one lamp displaying a red light visible from a distance of not less than one thousand feet to the rear and two red reflectors visible from all distances of six hundred to one hundred feet to the rear when illuminated by the upper beams of head lamps.

(Res. 78 § 1 (46.37.170), 1970).

10.40.180 Spot lamps and auxiliary lamps.

(a) Spot Lamps. Any motor vehicle may be equipped with not to exceed two spot lamps and every lighted spot lamp shall be so aimed and used that no part of the high intensity portion of the beam will strike the windshield, or any windows, mirror, or occupant of another vehicle in use.

(b) Fog Lamps. Any motor vehicle may be equipped with not to exceed two fog lamps mounted on the front at a height of not less than twelve inches nor more than thirty inches above the level surface upon which the vehicle stands and so aimed that when the vehicle is not loaded none of the high intensity portion of the light to the left of the center of the vehicle shall at a distance of twenty-five feet ahead project higher than a level of four inches below the level of the center of the lamp from which it comes. Lighted fog lamps meeting the above requirements may be used with lower head lamp beams as specified in Section 10.40.270.

(c) Auxiliary Passing Lamps. Any motor vehicle may be equipped with not to exceed two auxiliary passing lamps mounted on the front at a height not less than twenty-four inches nor more than forty-two inches above the level surface upon which the vehicle stands. The provisions of Section 10.40.270 shall apply to any combination of head lamps and auxiliary passing lamps.

(d) Auxiliary Driving Lamps. Any motor vehicle may be equipped with not to exceed two auxiliary driving lamps mounted on the front at a height not less than sixteen inches nor more than forty-two inches above the level surface upon which the vehicle stands. The provisions of Section 10.40.270 shall apply to any combination of head lamps and auxiliary driving lamps.

(Res. 78 § 1 (46.37.180), 1970).

10.40.190 Red flashing lights on fire department vehicles.

All fire department vehicles in service shall be identified by red lights of an intermittent flashing type, visible from both front and rear for a distance of five hundred feet under normal atmospheric conditions. Such red flashing lights shall be well separated from the headlights so that they will not black out when headlights are on. Such red flashing lights shall be in operation at all times when such vehicle is on emergency status.

(Res. 78 § 1 (46.37.184), 1970).

10.40.200 Blue lights on firemen's private cars.

Firemen, when approved by the chief of their respective service, shall be authorized to use a blue light on the front of their private cars when on emergency duty only. Such blue light shall be visible for a distance of two hundred feet under normal atmospheric conditions and shall be of a type and mounting approved by the commission on equipment.

(Res. 78 § 1 (46.37.185), 1970).

10.40.210 Fire department sign or plate on private car.

(a) No private vehicle, bearing a sign or plate indicating a fire department connection, shall be driven or operated on any public highway, except when the owner thereof is a bona fide member of a fire department.

(b) Any sign or plate indicating fire department connection on a private car of any member of a fire department shall include the name of the municipality or fire department organization to which the owner belongs.

(Res. 78 § 1 (46.37.186), 1970).

10.40.220 Blue light, sign or plate– Identification card required– Funeral coach may display blue light.

(a) Any individual displaying a blue light as authorized in Section 10.40.200, or a sign or plate as authorized in Section 10.40.210, shall also carry attached to a convenient location on the private vehicle to which the blue light or sign or plate is attached, an identification card showing the name of the owner of the vehicle, the organization to which he or she belongs and bearing the signature of the chief of the service involved.

(b) The operator of any funeral coach shall be authorized to display a blue light of the type specified in Section 10.40.200 on the front of such coach when engaged in answering a call of an accidental or emergency nature.

(Res. 78 § 1 (46.37.187), 1970).

10.40.230 Penalty for violation of Sections 10.40.190 through 10.40.220.

Every violation of Sections 10.40.190 through 10.40.200, 10.40.210, or 10.40.220 is a misdemeanor.

(Res. 78 § 1 (46.37.1881), 1970).

10.40.240 Red lights on emergency vehicles, school buses, police vehicles– Sirens on emergency vehicles– Driver's duty to yield and stop.

(a) Every authorized emergency vehicle shall, in addition to any other equipment and distinctive marking required by this chapter, be equipped with at least one lamp capable of displaying a red light visible from at least five hundred feet in normal sunlight and a siren capable of giving an audible signal.

(b) Every school bus shall, in addition to any other equipment and distinctive markings required by this chapter, be equipped with a "stop" signal upon a background not less than fourteen by eighteen inches displaying the word "stop" in letters of distinctly contrasting colors not less than eight inches high, and shall further be equipped with signal lamps mounted as high and as widely spaced laterally as practicable, which shall be capable of displaying to the front two alternately flashing red lights located at the same level and to the rear two alternately flashing red lights located at the same level and these lights shall have sufficient intensity to be visible at five hundred feet in normal sunlight.

(c) A police vehicle when used as an authorized emergency vehicle may but need not be equipped with alternately flashing red lights specified herein.

(d) The alternately flashing lighting described in subsections (b) and (c) of this section shall not be used on any vehicle other than a school bus or an authorized emergency vehicle.

(e) The use of the signal equipment described herein shall impose upon drivers of other vehicles the obligation to yield right-of-way and stop as prescribed in RCW 46.61.210 and RCW 46.61.370.

(Res. 78 § 1 (46.37.190), 1970).

10.40.250 Stop lamps and electric turn signals.

(a) Any vehicle may be equipped and when required under this chapter shall be equipped with a stop lamp or lamps on the rear of the vehicle which shall display a red or amber light, or any shade of color between red and amber, visible from a distance of not less than one hundred feet and on any vehicle manufactured or assembled after January 1, 1964, three hundred feet to the rear in normal sunlight, and which shall be actuated upon application of a service brake, and which may but need not be incorporated with one or more other rear lamps.

(b) Any vehicle may be equipped and when required under Section 10.40.070(b) shall be equipped with electric turn signals which shall indicate an intention to turn by flashing lights showing to the front and rear of a vehicle or on a combination of vehicles on the side of the vehicle or combination toward which the turn is to be made. The lamps showing to the front shall be mounted on the same level and as widely spaced laterally as practicable and, when signaling, shall emit white or amber light, or any shade of color between white and amber. The light showing to the rear shall be mounted on the same level and as widely spaced laterally as practicable, and, when signaling, shall emit a red or amber light, or any shade of color between red and amber. Turn signal lamps on vehicles eighty inches or more in overall width shall be visible from a distance of not less than five hundred feet in normal sunlight. Turn signal lamps on vehicles less than eighty inches wide shall be visible at a distance of not less than three hundred feet in normal sunlight. Turn signal lamps may, but need not be, incorporated in other lamps on the vehicle.

(Res. 78 § 1 (46.37.200), 1970).

10.40.260 Additional lighting equipment.

(a) Any motor vehicle may be equipped with not more than two side cowl or fender lamps which shall emit an amber or white light without glare.

(b) Any motor vehicle may be equipped with not more than one running-board courtesy lamp on each side thereof which shall emit a white or amber light without glare.

(c) Any motor vehicle may be equipped with one or more back-up lamps either separately or in combination with other lamps, but any such back-up lamp or lamps shall not be lighted when the motor vehicle is in forward motion.

(d) Any vehicle may be equipped with lamps which may be used for the purpose of warning the operators of other vehicles of the presence of a vehicular traffic hazard requiring the exercise of unusual care in approaching, overtaking or passing, and when so equipped may display such warning in addition to any other warning signals required by this chapter. The lamps used to display such warning to the front shall be mounted at the same level and as widely spaced laterally as practicable, and shall display simultaneously flashing white or amber lights, or any shade of color between white and amber. The lamps used to display such warning to the rear shall be mounted at the same level and as widely spaced laterally as practicable, and shall show simultaneously flashing amber or red lights, or any shade of color between amber and red. These warning lights shall be visible from a distance of not less than fifteen hundred feet under normal atmospheric conditions at night.

(e) Any vehicle eighty inches or more in overall width, if not otherwise required by Section 10.40.090, may be equipped with not more than three identification lamps showing to the front which shall emit an amber light without glare and not more than three identification lamps showing to the rear which shall emit a red light without glare. Such lamps shall be mounted as specified in Section 10.40.090(6).

(Res. 78 § 1 (46.37.210), 1970).

10.40.270 Multiple-beam road lighting equipment.

Except as hereinafter provided, the head lamps or the auxiliary driving lamp or the auxiliary passing lamp or combination thereof on motor vehicles other than motorcycles or motor-driven cycles shall be so arranged that the driver may select at will between distributions of light projected to different elevations and such lamps may be so arranged that such selection can be made automatically subject to the following limitations:

(1) There shall be an uppermost distribution of light, or composite beam, so aimed and of such intensity as to reveal persons and vehicles at a distance of three hundred feet ahead for all conditions of loading.

(2) There shall be a lowermost distribution of light, or composite beam, so aimed and of sufficient intensity to reveal persons and vehicles at a distance of one hundred feet ahead; and on a straight level road under any conditions of loading none of the high intensity portion of the beam shall be directed to strike the eyes of an approaching driver.

(3) Every new motor vehicle, other than a motorcycle or motor-driven cycle, registered in this state after January 1, 1948, which has multiple-beam road lighting equipment shall be equipped with a beam indicator, which shall be lighted whenever the uppermost distribution of light from the head lamps is in use, and shall not otherwise be lighted. The indicator shall be so designed and located that when lighted it will be readily visible without glare to the driver of the vehicle so equipped.

(Res. 78 § 1 (46.37.220), 1970).

10.40.280 Use of multiple-beam road lighting equipment.

(a) Whenever a motor vehicle is being operated on a roadway or shoulder adjacent thereto during the times specified in Section 10.40.020, the driver shall use a distribution of light, or composite beam, directed high enough and of sufficient intensity to reveal persons and vehicles at a safe distance in advance of the vehicle, subject to the requirements and limitation in subsections (b) and (c) of this section.

(b) Whenever a driver of a vehicle approaches an oncoming vehicle within five hundred feet, such driver shall use a distribution of light, or composite beam, so aimed that the glaring rays are not projected into the eyes of the oncoming driver. The lowermost distribution of light, or composite beam, specified in Section 10.40.270(2) shall be deemed to avoid glare at all times, regardless of road contour and loading.

(c) Whenever the driver of a vehicle approaches another vehicle from the rear within three hundred feet such driver shall use a distribution of light permissible under this chapter other than the uppermost distribution of light specified in Section 10.40.270(1).

(Res. 78 § 1 (46.37.230), 1970).

10.40.290 Single-beam road lighting equipment.

Head lamp systems which provide only a single distribution of light shall be permitted on motor vehicles manufactured and sold prior to one year after March 18, 1955 in lieu of multiple-beam road lighting equipment herein specified if the single distribution of light complies with the following requirements and limitations:

(1) The head lamps shall be so aimed that when the vehicle is not loaded none of the high intensity portion of the light shall at a distance of twenty-five feet ahead project higher than a level of five inches below the level of the center of the lamp from which it comes, and in no case higher than forty-two inches above the level on which the vehicle stands at a distance of seventy-five feet ahead.

(2) The intensity shall be sufficient to reveal persons and vehicles at a distance of at least two hundred feet.

(Res. 78 § 1 (46.37.240), 1970).

10.40.300 Lighting equipment on motor-driven cycles.

The head lamp or head lamps upon every motor-driven cycle may be of the single-beam or multiple-beam type but in either event shall comply with the requirements and limitations as follows:

(1) Every head lamp or head lamps on a motor-driven cycle shall be of a sufficient intensity to reveal a person or a vehicle at a distance of not less than one hundred feet when the motor-driven cycle is operated at any speed less than twenty-five miles per hour and at a distance of not less than two hundred feet when the motor-driven cycle is operated at a speed of twenty-five or more miles per hour, and at a distance of not less than three hundred feet when the motor-driven cycle is operated at a speed of thirty-five or more miles per hour.

(2) In the event the motor-driven cycle is equipped with a multiple-beam head lamp or head lamps the upper beam shall meet the minimum requirements set forth above and shall not exceed the limitations set forth in Section 10.40.270(1) and the lowermost beam shall meet the requirements applicable to a lowermost distribution of light as set forth in Section 10.40.270(2).

(3) In the event the motor-driven cycle is equipped with a single-beam lamp or lamps, the lamp or lamps shall be so aimed that when the vehicle is loaded none of the high intensity portion of light, at a distance of twenty-five feet ahead, shall project higher than the level of the center of the lamp from which it comes.

(Res. 78 § 1 (46.37.250), 1970).

10.40.310 Alternate road lighting equipment.

Any motor vehicle may be operated under the conditions specified in Section 10.40.020 when equipped with two lighted lamps upon the front thereof capable of revealing persons and objects seventy-five feet ahead in lieu of lamps required in Section 10.40.270 or 10.40.290: provided, however, that at no time shall it be operated at a speed in excess of twenty miles per hour.

(Res. 78 § 1 (46.37.260), 1970).

10.40.320 Number of driving lamps required or permitted.

(a) At all times specified in Section 10.40.020, at least two lighted lamps shall be displayed, one on each side at the front of every motor vehicle other than a motorcycle or motor-driven cycle, except when such vehicle is parked subject to the regulations governing lights on parked vehicles.

(b) Whenever a motor vehicle equipped with head lamps as herein required is also equipped with any auxiliary lamps or a spot lamp or any other lamp on the front thereof projecting a beam of intensity greater than three hundred candlepower, not more than a total of four of any such lamps on the front of a vehicle shall be lighted at any one time when upon a highway.

(Res. 78 § 1 (46.37.270), 1970).

10.40.330 Special restrictions on lamps.

(a) During the times specified in Section 10.40.020, any lighted lamp or illuminating device upon a motor vehicle, other than head lamps, spot lamps, auxiliary lamps, flashing turn signals, emergency vehicle warning lamps, warning lamps authorized by the State Commission on Equipment and school bus warning lamps, which projects a beam of light of an intensity greater than three hundred candlepower shall be so directed that no part of the high intensity portion of the beam will strike the level of the roadway on which the vehicle stands at a distance of more than seventy-five feet from the vehicle.

(b) Except as required in Section 10.40.240 no person shall drive or move any vehicle or equipment upon any highway with any lamp or device thereon displaying a red light visible from directly in front of the center thereof.

(c) Flashing lights are prohibited except as required in Sections 10.40.240, 10.40.250, 10.40.260 and 10.40.350, and warning lamps authorized by the State Commission on Equipment.

(Res. 78 § 1 (46.37.280), 1970).

10.40.340 Special lighting equipment on school buses.

It is unlawful to operate any flashing warning signal light on any school bus except when the school bus is stopped on a highway for the purpose of permitting school children to board or alight from the school bus. The term "flashing signal" as used herein shall not include an electric turn signal.

(Res. 78 § 1 (46.37.2901), 1970).

10.40.350 Standards for lights on snow removal or highway maintenance and service equipment.

It is unlawful to operate any snow removal and other highway maintenance and service equipment on any public highway unless the lamps thereon comply with and are lighted when and as required by the standards and specifications adopted as provided in this section.

(Res. 78 § 1 (46.37.3001), 1970).

10.40.360 Braking equipment required.

Every motor vehicle, trailer, semitrailer and pole trailer, and any combination of such vehicle operating upon a highway within this county shall be equipped with brakes in compliance with the requirements of this chapter.

(1) Service Brakes– Adequacy. Every such vehicle and combination of vehicles, except special mobile equipment as defined in Section 10.16.760, shall be equipped with service brakes complying with the performance requirements of RCW Section 46.37.351 and adequate to control the movement of and to stop and hold such vehicle under all conditions of loading, and on any grade incident to its operation.

(2) Parking Brakes– Adequacy. Every such vehicle and combination of vehicles, except motorcycles and motor-driven cycles, shall be equipped with parking brakes adequate to hold the vehicle on any grade on which it is operated, under all conditions of loading, on a surface free from snow, ice, or loose material. The parking brakes shall be capable of being applied in conformance with the foregoing requirements by the driver's muscular effort or by spring action or by equivalent means. Their operation may be assisted by the service brakes or other source of power provided that failure of the service brake actuation system or other power assisting mechanism will not prevent the parking brakes from being applied in conformance with the foregoing requirements. The parking brakes shall be so designed that when once applied they shall remain applied with the required effectiveness despite exhaustion of any source of energy or leakage of any kind. The same brake drums, brake shoes and lining assemblies, brake shoe anchors and mechanical brake shoe actuation mechanism normally associated with the wheel brake assemblies may be used for both the service brakes and the parking brakes. If the means of applying the parking brakes and the service brakes are connected in any way, they shall be so constructed that failure of any one part shall not leave the vehicle without operative brakes.

(3) Brakes on All Wheels. Every vehicle shall be equipped with brakes acting on all wheels except:

(A) Trailers, semitrailers, or pole trailers of a gross weight not exceeding three thousand pounds, provided that: the total weight on and including the wheels of the trailer or trailers shall not exceed forty percent of the gross weight of the towing vehicle when connected to the trailer or trailers,

(B) Trailers, semitrailers, or pole trailers manufactured and assembled prior to July 1, 1965, shall not be required to be equipped with brakes when the total weight on and including the wheels of the trailer or trailers does not exceed two thousand pounds,

(C) Trucks and truck-tractors having three or more axles need not have brakes on the front wheels, except that when such vehicles are equipped with at least two steerable axles, the wheels of one steerable axle need not have brakes,

(D) Special mobile equipment as defined in RCW 46.04.552,

(E) The wheel of a sidecar attached to a motorcycle or to a motor-driven cycle, or the front wheel of a motor-driven cycle need not be equipped with brakes.

(4) Automatic Trailer Brake Application upon Breakaway. Every trailer, semitrailer, and pole trailer equipped with air or vacuum actuated brakes and every trailer, semitrailer, and pole trailer with a gross weight in excess of three thousand pounds, shall be equipped with brakes acting on all wheels and of such character as to be applied automatically and promptly, and remain applied for at least fifteen minutes, upon breakaway from the towing vehicle.

(5) Tractor Brakes Protected. Every motor vehicle used to tow a trailer, semitrailer or pole trailer equipped with brakes, shall be equipped with means for providing that in case of breakaway of the towed vehicle, the towing vehicle will be capable of being stopped by the use of its service brakes.

(6) Trailer Air Reservoirs Safeguarded. Air brake systems installed on trailers shall be so designed that the supply reservoir used to provide air for the brakes shall be safeguarded against backflow of air from the reservoir through the supply line.

(7) Two Means of Emergency Brake Operation:

(A) Air Brakes. Every towing vehicle, when used to tow another vehicle equipped with air controlled brakes, in other than driveaway or towaway operations, shall be equipped with two means for emergency application of the trailer brakes. One of these means shall apply the brakes automatically in the event of a reduction of the towing vehicle air supply to a fixed pressure which shall be not lower than twenty pounds per square inch nor higher than forty-five pounds per square inch. The other means shall be a manually controlled device for applying and releasing the brakes, readily operable by a person seated in the driving seat, and its emergency position or method of operation shall be clearly indicated. In no instance may the manual means be so arranged as to permit its use to prevent operation of the automatic means. The automatic and the manual means required by this section may be, but are not required to be, separate,

(B) Vacuum Brakes. Each towing vehicle used to tow other vehicles equipped with vacuum brakes, in operations other than driveaway or towaway operations, shall have, in addition to the single control device required by subsection (8) of this section, a second control device which can be used to operate the brakes on towed vehicles in emergencies. The second control shall be independent of brake air, hydraulic and other pressure, and independent of other controls, unless the braking system be so arranged that failure of the pressure upon which the second control depends will cause the towed vehicle brakes to be applied automatically. The second control is not required to provide modulated braking.

(8) Single Control to Operate All Brakes. Every motor vehicle, trailer, semitrailer and pole trailer, and every combination of such vehicles, except motorcycles and motor-driven cycles, equipped with brakes shall have the braking system so arranged that one control device can be used to operate all service brakes. This requirement does not prohibit vehicles from being equipped with an additional control device to be used to operate brakes on the towed vehicles. This regulation does not apply to driveaway or towaway operations unless the brakes on the individual vehicles are designed to be operated by a single control in the towing vehicle.

(9) Reservoir Capacity and Check Valve:

(A) Air Brakes. Every bus, truck or truck-tractor with air operated brakes shall be equipped with at least one reservoir sufficient to insure that, when fully charged to the maximum pressure as regulated by the air compressor governor cut-out setting, a full service brake application may be made without lowering such reservoir pressure by more than twenty percent. Each reservoir shall be provided with means for readily draining accumulated oil or water,

(B) Vacuum Brakes. Every truck with three or more axles equipped with vacuum assistor type brakes and every truck-tractor and truck used for towing a vehicle equipped with vacuum brakes shall be equipped with a reserve capacity or a vacuum reservoir sufficient to insure that, with the reserve capacity or reservoir fully charged and with the engine stopped, a full service brake application may be made without depleting the vacuum supply by more than forty percent.

(C) Reservoir Safeguarded. All motor vehicles, trailers, semitrailers and pole trailers, when equipped with air or vacuum reservoirs or reserve capacity as required by this section, shall have such reservoirs or reserve capacity so safeguarded by a check valve or equivalent device that in the event of failure or leakage in its connection to the source of compressed air or vacuum, the stored air or vacuum shall not be depleted by the leak or failure.

(10) Warning Devices:

(A) Air Brakes. Every bus, truck or truck-tractor using compressed air for the operation of its own brakes or the brakes on any towed vehicle, shall be provided with a warning signal, other than a pressure gauge, readily audible or visible to the driver, which will operate at any time the air reservoir pressure of the vehicle is below fifty percent of the air compressor governor cut-out pressure. In addition, each such vehicle shall be equipped with a pressure gauge visible to the driver, which indicates in pounds per square inch the pressure available for braking.

(B) Vacuum Brakes. Every truck-tractor and truck used for towing a vehicle equipped with vacuum operated brakes and every truck with three or more axles using vacuum in the operation of its brakes, except those in driveaway or towaway operations, shall be equipped with a warning signal, other than a gauge indicating vacuum, readily audible or visible to the driver, which will operate at any time the vacuum in the vehicle's supply reservoir or reserve capacity is less than eight inches of mercury.

(C) Combination of Warning Devices. When a vehicle required to be equipped with a warning device is equipped with both air and vacuum power for the operation of its own brakes or the brakes on a towed vehicle, the warning devices may be, but are not required to be, combined into a single device which will serve both purposes. A gauge or gauges indicating pressure or vacuum shall not be deemed to be an adequate means of satisfying this requirement.

(Res. 78 § 1 (46.37.340), 1970).

10.40.370 Maintenance of brakes.

All brakes shall be maintained in good working order and shall be so adjusted as to operate as equally as practicable with respect to the wheels on opposite sides of the vehicle.

(Res. 78 § 1 (46.37.360), 1970).

10.40.380 Brakes on motor-driven cycles.

No person shall operate on any highway in this county any vehicle referred to in this chapter in the event the State Commission on Equipment has disapproved the braking system upon such vehicle.

(Res. 78 § 1 (46.37.3701), 1970).

10.40.390 Horns and warning devices.

(a) Every motor vehicle when operated upon a highway shall be equipped with a horn in good working order and capable of emitting sound audible under normal conditions from a distance of not less than two hundred feet, but no horn or other warning device shall emit an unreasonably loud or harsh sound or a whistle. The driver of a motor vehicle shall when reasonably necessary to insure safe operation give audible warning with his horn but shall not otherwise use such horn when upon a highway.

(b) No vehicle shall be equipped with nor shall any person use upon a vehicle any siren, whistle or bell, except as otherwise permitted in this section.

(c) It is permissible but not required that any commercial vehicle be equipped with a theft alarm signal device which is so arranged that it cannot be used by the driver as an ordinary warning signal.

(d) Any authorized emergency vehicle may be equipped with a siren, whistle or bell, capable of emitting sound audible under normal conditions from a distance of not less than five hundred feet and of a type approved by the State Commission on Equipment, but such siren shall not be used except when such vehicle is operated in response to an emergency call or in the immediate pursuit of an actual or suspected violator of the law, in which said latter events the driver of such vehicle shall sound said siren when reasonably necessary to warn pedestrians and other drivers of the approach thereof.

(Res. 78 § 1 (46.37.380), 1970).

10.40.400 Mufflers– Prevention of noise and smoke.

(a) Every motor vehicle shall at all times be equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise, and no person shall use a muffler cut-out, bypass or similar device upon a motor vehicle on a highway.

(b) The engine and power mechanism of every motor vehicle shall be so equipped and adjusted as to prevent the escape of excessive fumes or smoke.

(c) No persons shall modify the exhaust system of a motorcycle in a manner which will amplify or increase the noise emitted by the engine of such vehicle above that emitted by the muffler originally installed on the vehicle, and it shall be unlawful for any person to operate a motorcycle not equipped as required by this subsection, or which has been amplified as prohibited by this subsection.

(Res. 78 § 1 (46.37.390), 1970).

10.40.410 Mirrors.

Every motor vehicle shall be equipped with a mirror so located as to reflect to the driver a view of the highway for a distance of at least two hundred feet to the rear of such vehicle.

(Res. 78 § 1 (46.37.400), 1970).

10.40.420 Windshields must be unobstructed and equipped with wipers.

(a) No person shall drive any motor vehicle with any sign, poster or other nontransparent material upon the front windshield, side wings or side or rear windows of such vehicle which obstructs the driver's clear view of the highway or any intersecting highway.

(b) The windshield on every motor vehicle shall be equipped with a device for cleaning rain, snow or other moisture from the windshield, which device shall be so constructed as to be controlled or operated by the driver of the vehicle. After January 1, 1938, it shall be unlawful for any person to operate a new motor vehicle first sold or delivered after that date which is not equipped with such device or devices in good working order capable of cleaning the windshield thereof over two separate arcs, one each on the left and right side of the windshield, each capable of cleaning a surface of not less than one hundred twenty square inches, or other device or devices capable of accomplishing substantially the same result.

(c) Every windshield wiper upon a motor vehicle shall be maintained in good working order.

(Res. 78 § 1 (46.37.410), 1970).

10.40.430 Restrictions as to tire equipment.

(a) It is unlawful to operate a vehicle upon the public highways of this county unless it is completely equipped with pneumatic rubber tires.

(b) No tire on a vehicle moved on a highway shall have on its periphery any block, stud, flange, cleat or spike or any other protuberance of any material other than rubber which projects beyond the tread of the traction surface of the tire, except that it shall be permissible to use farm machinery with tires having protuberances which will not injure the highway, and except also that it shall be permissible to use tire chains of reasonable proportions and of a type approved by the State Commission on Equipment, upon any vehicle when required for safety because of snow, ice or other conditions tending to cause a vehicle to skid.

(c) The county engineer may issue special permits authorizing the operation upon a highway of traction engines or tractors having movable tracks with transverse corrugations upon the periphery of such movable tracks or farm tractors or other farm machinery, the operation of which upon a highway would otherwise be prohibited under this section.

(Res. 78 § 1 (46.37.4201), 1970).

10.40.440 Safety glazing materials in motor vehicles.

(a) No person shall sell any new motor vehicle as specified herein, nor shall any new motor vehicle as specified herein be registered thereafter unless such vehicle is equipped with safety glazing material of a type approved by the State Commission on Equipment wherever glazing material is used in doors, windows and windshields. The foregoing provisions shall apply to all passenger-type motor vehicles, including passenger buses and school buses, but in respect to trucks, including truck tractors, the requirements as to safety glazing material shall apply to all glazing material used in doors, windows and windshields in the driver's compartments of such vehicles.

(b) "Safety glazing materials" means glazing materials so constructed, treated or combined with other materials as to reduce substantially, in comparison with ordinary sheet glass or plate glass, the likelihood of injury to persons by objects from exterior sources or by these safety glazing materials when they may be cracked or broken.

(Res. 78 § 1 (46.37.430), 1970).

10.40.450 Certain vehicles to carry flares or other warning devices.

(a) No person shall operate any motor truck, passenger bus or truck tractor over eighty inches in overall width upon any highway outside the corporate limits of municipalities at any time unless there shall be carried in such vehicle the following equipment except as provided in subsection (b):

(1) At least three flares or three red electric lanterns or three portable red emergency reflectors, each of which shall be capable of being seen and distinguished at a distance of not less than six hundred feet under normal atmospheric conditions at nighttime.

No flare, fusee, electric lantern or cloth warning flag shall be used for the purpose of compliance with the requirements of this section unless such equipment is of a type which has been submitted to the State Commission on Equipment and approved by it. No portable reflector unit shall be used for the purpose of compliance with the requirements of this section unless it is so designed and constructed as to include two reflecting elements one above the other, each of which shall be capable of reflecting red light clearly visible from all distances within six hundred feet to one hundred feet under normal atmospheric conditions at night when directly in front of lawful upper beams of head lamps, and unless it is of a type which has been submitted to the State Commission on Equipment and approved by it;

(2) At least three red-burning fusees unless red electric lanterns or red portable emergency reflectors are carried;

(3) At least two red-cloth flags, not less than twelve inches square, with standards to support such flags.

(b) No person shall operate at the time and under conditions stated in subsection (a) any motor vehicle used for the transportation of explosives, any cargo tank truck used for the transportation of flammable liquids or compressed gases, or any motor vehicle using compressed gas as a fuel unless there shall be carried in such vehicle three red electric lanterns or three portable red emergency reflectors meeting the requirements of subsection (a) of this section, and there shall not be carried in any such vehicle any flares, fusees or signal produced by flame.

(Res. 78 § 1 (46.37.440), 1970).

10.40.460 Display of warning devices when vehicle disabled.

(a) Whenever any motor truck, passenger bus, truck tractor over eighty inches in overall width, trailer, semitrailer or pole trailer is disabled upon the traveled portion of any highway or the shoulder thereof outside of any municipality at any time when lighted lamps are required on vehicles the driver of such vehicle shall display the following warning devices upon the highway during the time the vehicle is so disabled on the highway except as provided in subsection (b):

(1) A lighted fusee, a lighted red electric lantern or a portable red emergency reflector shall be immediately placed at the traffic side of the vehicle in the direction of the nearest approaching traffic.

(2) As soon thereafter as possible but in any event within the burning period of the fusee (fifteen minutes), the driver shall place three liquid-burning flares (pot torches), or three lighted red electric lanterns or three portable red emergency reflectors on the traveled portion of the highway in the following order:

(A) One, approximately one hundred feet from the disabled vehicle in the center of the lane occupied by such vehicle and toward traffic approaching in that lane.

(B) One, approximately one hundred feet in the opposite direction from the disabled vehicle and in the center of the traffic lane occupied by such vehicle.

(C) One at the traffic side of the disabled vehicle not less than ten feet rearward or forward thereof in the direction of the nearest approaching traffic. If a lighted red electric lantern or a red portable emergency reflector has been placed at the traffic side of the vehicle in accordance with subdivision (1) of this subsection, it may be used for this purpose.

(b) Whenever any vehicle referred to in this section is disabled within five hundred feet of a curve, hillcrest or other obstruction to view, the warning signal in that direction shall be so placed as to afford ample warning to other users of the highway, but in no case less than five hundred feet from the disabled vehicle.

(c) Whenever any vehicle of a type referred to in this section is disabled upon any roadway of a divided highway during the time that lights are required, the appropriate warning devices prescribed in subsections (a) and (e) of this section shall be placed as follows:

One at a distance of approximately two hundred feet from the vehicle in the center of the lane occupied by the stopped vehicle and in the direction of traffic approaching in that lane; one at a distance of approximately one hundred feet from the vehicle, in the center of the lane occupied by the vehicle and in the direction of traffic approaching in that lane; one at the traffic side of the vehicle and approximately ten feet from the vehicle in the direction of the nearest approaching traffic.

(d) Whenever any vehicle of a type referred to in this section is disabled upon the traveled portion of a highway or the shoulder thereof outside of any municipality at any time when the display of fusees, flares, red electric lanterns or portable red emergency reflectors is not required, the driver of the vehicle shall display two red flags upon the roadway in the lane of traffic occupied by the disabled vehicle, one at a distance of approximately one hundred feet in advance of the vehicle, and one at a distance of approximately one hundred feet to the rear of the vehicle.

(e) Whenever any motor vehicle used in the transportation of explosives or any cargo tank truck used for the transportation of any flammable liquid or compressed flammable gas, or any motor vehicle using compressed gas as a fuel, is disabled upon a highway of this county at any time or place mentioned in subsection (a) of this section, the driver of such vehicle shall immediately display the following warning devices: One red electric lantern or portable red emergency reflector placed on the roadway at the traffic side of the vehicle, and two red electric lanterns or portable red reflectors, one placed approximately one hundred feet to the front and one placed approximately one hundred feet to the rear of this disabled vehicle in the center of the traffic lane occupied by such vehicle. Flares, fusees or signals produced by flame shall not be used as warning devices for disabled vehicles of the type mentioned in this paragraph.

(f) The flares, fusees, red electric lanterns, portable red emergency reflectors and flags to be displayed as required in this section shall conform with the requirements of Section 10.40.450 applicable thereto.

(Res. 78 § 1 (46.37.450), 1970).

10.40.470 Vehicles transporting explosives.

Any person operating any vehicle transporting any explosive as a cargo or part of a cargo upon a highway shall at all times comply with the provisions of this section.

(1) The vehicle shall be marked or placarded on each side and the rear with the word "Explosives" in letters not less than eight inches high, or there shall be displayed on the rear of such vehicle a red flag not less than twenty-four inches square marked with the word "danger" in white letters six inches high.

(2) Every such vehicle shall be equipped with not less than two fire extinguishers, filled and ready for immediate use, and placed at a convenient point on the vehicle so used.

(Res. 78 § 1 (46.37.460), 1970).

10.40.480 Television viewers.

No person shall drive any motor vehicle equipped with any television viewer, screen or other means of visually receiving a television broadcast which is located in the motor vehicle at any point forward of the back of the driver's seat, or which is visible to the driver while operating the motor vehicle.

(Res. 78 § 1 (46.37.480), 1970).

10.40.490 Safety load chains and devices required.

It is unlawful to operate any vehicle upon the public highways of this county without having the load thereon securely fastened and protected by safety chains or other device.

(Res. 78 § 1 (46.37.4901), 1970).

10.40.500 Splash guards.

Every vehicle shall be equipped with a device adequate to effectively reduce the wheel spray or splash of water from the roadway to the rear thereof.

(Res. 78 § 1 (46.37.500), 1970).

10.40.510 Seat belts.

No person shall sell any automobile manufactured or assembled after January 1, 1964, nor shall any owner cause such vehicle to be registered thereafter under the provisions of RCW 46.12 unless such motor car or automobile is equipped with automobile seat belts installed for use on the front seats thereof which are of a type and installed in a manner approved by the State Commission on Equipment. Where registration is for transfer from an out of state license, applicant shall be informed of this section by issuing agent and have thirty days to comply.

(Res. 78 § 1 (46.37.5101), 1970).

10.40.520 Motorcycles– Mirrors, goggles, face shields, and helmets– Regulations and specifications by Commission on Equipment.

It is unlawful:

(1) For any person to operate a motorcycle not equipped with a mirror on each side of the handlebars thereof. The two mirrors shall be so located as to give the driver a complete view of the highway for a distance of at least two hundred feet to the rear of the motorcycle;

(2) For any person to operate a motorcycle in excess of thirty-five miles per hour which does not have a windshield unless he wears goggles or a face shield of a type approved by the commission. The commission is hereby authorized and empowered to adopt and amend regulations covering the type of goggles and face shields and the specifications therefor and to establish and maintain a list of approved goggles and face shields which meet the specifications of the established list hereunder;

(3) For any person to operate or ride upon a motorcycle unless he wears a protective helmet of a type approved by the Commission on Equipment. Such a helmet must be equipped with either a neck or chin strap which shall be fastened securely while the motorcycle is in motion.

(Res. 78 § 1 (46.37.5301), 1970).

10.40.530 Helmet requirements when motorcycle rented.

It is unlawful for any person to rent out motorcycles unless he shall also have on hand for rent helmets of a type approved by the Commission on Equipment.

No motorcycle shall be rented out unless the renter thereof has in his possession a helmet of a type approved by the Commission on Equipment regardless from whom the helmet is obtained.

(Res. 78 § 1 (46.37.535), 1970).

Chapter 10.44
SIZE, WEIGHT AND LOAD

Sections:

10.44.005 Overweight and over-dimension vehicle permits– Regulations adopted– Utilization.

10.44.010 Outside width limit.

10.44.020 Maximum height– Impaired clearance signs.

10.44.030 Maximum lengths.

10.44.040 Front and rear protrusions.

10.44.050 Combination of units– Limitation.

10.44.060 Lawful operations– Special permits.

10.44.070 Maximum gross weights– Axle factor.

10.44.080 Tire factor.

10.44.090 Wheelbase factor.

10.44.100 Penalties for violations.

10.44.110 Excess weight– Discretion of arresting officer.

10.44.120 Logging trucks– Special permits– County permits– Fees– Discretion of arresting officer.

10.44.130 Minimum length of wheelbase.

10.44.140 Outside load limits for passenger vehicles.

10.44.150 Drawbar requirements– Trailer whipping or weaving– Towing flag.

10.44.160 Authority of engineer to close roads.

10.44.170 Overweight or oversize permits required– Vehicles exempted.

10.44.180 Application– Fees– Permit conditions– Revoking permit.

10.44.190 Additional gross load.

10.44.200 Special permits for extra oversize.

10.44.210 Special permits for oversize or overweight movements– Overall width limits– Application for permit.

10.44.220 Fees.

10.44.230 Display of permit.

10.44.240 Hearing on suspension or revocation.

10.44.250 Misrepresentations and violations– Penalty– Display of permit– Hearing.

10.44.260 Enforcement– Weighing and lightening.

10.44.270 Liability for damage to highways, bridges, etc.

10.44.280 Big Beef Bridge– Weight restrictions.

10.44.290 Big Beef Bridge– Signs to be posted.

10.44.300 Evers Bridge– Weight restrictions.

10.44.005 Overweight and over-dimension vehicle permits– Regulations adopted– Utilization.

(a) The pamphlet titled "Regulations and Conditions Governing Overweight and Over-Dimension Vehicle Permits," Washington State Highway Commission and Department of Highways 1971, is adopted as the policy of Mason County.

(b) The Mason County engineer is authorized and directed to utilize these regulations and conditions as applicable under this chapter.

(Res. 230, 1972).

10.44.010 Outside width limit.

The total outside width of any vehicle or load thereon shall not exceed eight feet: provided, that in any instance where it is necessary to extend a rear vision mirror beyond the extreme left or right of the body, the same may be done despite the fact that this results in a width in excess of eight feet, but no rear vision mirror shall extend more than five inches beyond the extreme limits of the body; provided, further, that in those instances where it is necessary to install fenders on the rear wheels of vehicles to reduce wheel spray, the same may be done despite the fact that this results in a width in excess of eight feet; providing such fenders are made of rubber and do not extend more than two inches beyond either side of the body; and provided, further, that a tolerance of two inches in width will be allowed on the tires of all vehicles where such overwidth is due entirely to the expansion of the tires: provided further, however, that safety appliances such as clearance lights, rub rails, binder chains and appurtenances such as door handles, door hinges and turning signal brackets, may extend beyond the extreme left or right of the body despite the fact that this results in a width in excess of eight feet but no appliances or appurtenances can extend more than two inches beyond the extreme limits of the body.

(Res. 78 § 1 (46.44.010), 1970).

10.44.020 Maximum height– Impaired clearance signs.

It is unlawful for any vehicle unladen or with load to exceed a height of thirteen feet and six inches above the level surface upon which the vehicle stands: provided, that automobile transporters shall not exceed fourteen feet and that these height limitations shall not apply to authorized emergency vehicles or repair equipment of a public utility engaged in reasonably necessary operation. The provisions of this section shall not relieve the owner or operator of a vehicle or combination of vehicles from the exercise of due care in determining that sufficient vertical clearance is provided upon the public highways where such vehicle or combination of vehicles is being operated; and no liability shall attach to the state or to any county, city, town or other political subdivision by reason of any damage or injury to persons or property by reason of the existence of any structure over or across any public highway where the vertical clearance above the roadway is thirteen feet six inches or more; or, where such vertical clearance is less than thirteen feet six inches, if impaired clearance signs of a design approved by the Washington State Highway Commission are erected and maintained on the right side of any such public highway: In cities and towns at a distance of not less than two hundred feet and not more than three hundred feet; and in rural areas at a distance of not less than three hundred fifty feet and not more than five hundred feet, from each side of such structure.

(Res. 78 § 1 (46.44.0201), 1970).

10.44.030 Maximum lengths.

(a) It is unlawful for any person to operate upon the public highways of this county any vehicle having an overall length, with or without load in excess of thirty-five feet, except that an auto stage shall not exceed an overall length, inclusive of front and rear bumpers, of forty feet, but the operation of any such auto stage upon the public highways shall be limited as determined by the State Highway Commission.

(b) It is unlawful for any person to operate on the highways of this county any combination of vehicles which contains a vehicle of which the permanent structure is in excess of forty feet.

(c) It is unlawful for any person to operate upon the public highways of this county any combination consisting of a nonstinger steered tractor and semitrailer which has an overall length in excess of sixty feet without load or in excess of sixty-five feet with load.

(d) It is unlawful for any person to operate on the highways of this county any combination consisting of a truck and trailer, or any lawful combination of three vehicles, with an overall length, with or without load, in excess of sixty-five feet, or a combination consisting of a tractor and a stinger steered semitrailer which has an overall length in excess of sixty-five feet without load or in excess of seventy-five feet with load.

(e) "Stinger steered" as used in this section means a tractor and semitrailer combination which has the coupling connecting the semitrailer to the tractor located in the rear of the centerline of the rear axle of the tractor.

(f) These length limitations shall not apply to vehicles transporting poles, pipe, machinery or other objects of a structural nature which cannot be dismembered and operated by a public utility when required for emergency repair of public service facilities or properties, but in respect to night transportation every such vehicle and load thereon shall be equipped with a sufficient number of clearance lamps on both sides and marker lamps upon the extreme ends of any projecting load to clearly mark the dimensions of such load.

(Res. 78 § 1 (46.44.030), 1970).

10.44.040 Front and rear protrusions.

The load, or any portion of any vehicle, operated alone upon the public highways of this county, or the load, or any portion of the front vehicle of a combination of vehicles, shall not extend more than three feet beyond the front wheels of such vehicle, or the front bumper, if equipped with front bumper.

No vehicle shall be operated upon the public highways with any part of the permanent structure or load extending in excess of fifteen feet beyond the center of the last axle of such vehicle.

(Res. 78 § 1 (46.44.034), 1970).

10.44.050 Combination of units– Limitation.

Except as provided in Section 10.44.060, it is unlawful for any person to operate upon the public highways of this county any combination of vehicles consisting of more than two vehicles. For the purposes of this section a truck tractor-semitrailer and/or pole trailer combination will be considered as two vehicles but the addition of another axle to the tractor of a truck tractor-semitrailer and/or pole trailer combination in such a way that it supports a proportional share of the load of the semitrailer and/or pole trailer shall not be deemed a separate vehicle but for all purposes shall be considered a part of the truck tractor. For the purposes of this section a converter gear used in converting a semitrailer to a full trailer shall not be deemed a separate vehicle but for all purposes shall be considered a part of the trailer.

(Res. 78 § 1 (46.44.0361), 1970).

10.44.060 Lawful operations– Special permits.

Notwithstanding the provisions of Section 10.44.050 and subject to such rules and regulations governing their operation as may be adopted by the State Highway Commission operation of the following combinations is lawful:

(1) A combination consisting of a truck tractor, a semitrailer, and a full trailer. In this connection a converter gear used to convert a semitrailer into a full trailer shall be considered to be a part of the full trailer and not a separate vehicle. A converter gear being pulled without load and not used to convert a semitrailer into a full trailer may be substituted in lieu of a full trailer or a semitrailer in any lawful combination;

(2) A combination consisting of three trucks or truck tractors used in driveaway service where two of the vehicles are towed by the third in double saddlemount position.

A combination consisting of a truck tractor, a semitrailer, and a full trailer when licensed for a total gross weight of seventy-two thousand pounds may be entitled to either an annual or temporary special permit authorizing the combination to carry not more than four thousand pounds of gross weight in excess of the maximum allowed in Section 10.44.090 upon the payment of the fees set forth in RCW 46.44.095 and on such highways and subject to such terms and conditions as the State Highway Commission shall prescribe pursuant to the provisions of RCW 46.44.095: provided, that any state patrol officer who shall find any person operating a vehicle in violation of the conditions of a special permit issued under this section may confiscate such permit and forward it to the State Highway Commission which may return it to the permittee or revoke, cancel, or suspend it.

(Res. 78 § 1 (46.44.0371), 1970).

10.44.070 Maximum gross weights– Axle factor.

(a) It is unlawful to operate any vehicle upon the public highways with a gross weight including load upon any one axle thereof in excess of eighteen thousand pounds.

It is unlawful to operate any one axle semitrailer upon the public highways with a gross weight including load upon such one axle in excess of eighteen thousand pounds.

It is unlawful to operate any truck or truck tractor upon the public highways of this county supported upon two axles with a gross weight including load in excess of twenty-eight thousand pounds.

It is unlawful to operate any semitrailer or pole trailer upon the public highway supported upon two axles with a gross weight including load in excess of thirty-two thousand pounds. It is unlawful to operate any two axle trailer upon the public highways with a gross weight including load, in excess of thirty-six thousand pounds.

Except as provided in RCW 46.44.095 it is unlawful to operate any vehicle upon the public highways supported upon three axles or more with a gross weight including load in excess of thirty-six thousand pounds.

(b) The maximum axle and gross weight specified in subsection (a) above are subject to the braking requirements set up for the service brakes upon any motor vehicle or combination of vehicles as provided by law.

(c) It is unlawful to operate any vehicle upon the public highways equipped with two axles spaced less than seven feet apart, unless the two axles are so constructed and mounted in such a manner to provide oscillation between the two axles and that either one of the two axles will not at any one time carry more than the maximum gross weight allowed for one axle or two axles specified in subsection (a) above.

(Res. 78 § 1 (46.44.040) 1970).

10.44.080 Tire factor.

Subject to the maximum gross weights specified in subsection (a) of Section 10.44.070, it is unlawful to operate any vehicle upon the public highways with a gross weight including load, upon any tire concentrated upon the surface of the highway in excess of five hundred fifty pounds per inch width of such tire, up to a maximum width of twelve inches, and for a tire having a width of twelve inches or more there shall be allowed a twenty percent tolerance above five hundred fifty pounds per inch width of such tire. For the purpose of this section, the width of tire in case of solid rubber or hollow center cushion tires, so long as the use thereof may be permitted by the law, shall be measured between the flanges of the rim. For the purpose of this section, the width of tires in case of pneumatic tires shall be the maximum overall normal inflated width as stipulated by the manufacturer when inflated to the pressure specified and without load thereon.

(Res. 78 § 1 (46.44.042), 1970).

10.44.090 Wheelbase factor.

Subject to the maximum axle and gross weights specified in subsection (a) of Section 10.44.070, it is unlawful to operate any motor vehicle or combination of vehicles unless the same comply with both subdivisions (1) and (2) of this section.

(1) The total gross weight, including load, on any group of axles of a vehicle or combination of vehicles, where the distance between the first and last axles of any group of axles is eighteen feet or under, shall not exceed that set forth in the following table:
Wheelbase of any group of axles of a vehicle or combination of vehicles (feet)Allowed load in pounds on group of axles
3 feet 6 inches32,000
432,000
532,000
632,000
732,000
832,610
933,580
1034,550
1135,550
1236,830
1338,350
1439,870
1541,400
1642,930
1744,459
1846,000

(2) Where the wheelbase of any vehicle or combination of vehicles is eighteen feet or more, the gross weight including load of the vehicle or combination of vehicles must not exceed that given for the respective distances in the following table:
Wheelbase of vehicle or combination of vehicles in feetAllowed load in pounds
1846,000
1947,000
2048,000
2149,000
2250,000
2351,340
2452,670
2554,000
2655,100
2756,200
2857,400
2958,500
3059,500
3160,300
3261,140
3361,710
3462,280
3562,860
3663,430
3764,000
3864,500
3965,000
4065,500
4166,000
4266,500
4367,000
4467,500
4568,000
4668,500
4769,000
4869,500
4970,000
5070,500
5171,000
5271,500
53 or over72,000

When inches are involved: Under six inches take lower; six inches or over take higher.

(Res. 78 § 1 (46.44.044), 1970).

10.44.100 Penalties for violations.

(a) Any person violating any of the provisions of Sections 10.44.070 through 10.44.090 is guilty of a misdemeanor and upon first conviction thereof shall be fined a basic fine of not less than twenty-five dollars nor more than fifty dollars; upon second conviction thereof shall be fined a basic fine of not less than fifty dollars nor more than one hundred dollars; and upon a third or subsequent conviction shall be fined a basic fine of not less than one hundred dollars.

(b) In addition to, but not in lieu of, the above basic fines, such person shall be fined two cents per pound for each pound of excess weight up to five thousand pounds; if such excess weight is five thousand pounds and not in excess of ten thousand pounds, the additional fine shall be three cents per pound for each pound of excess weight; and if the excess weight is ten thousand pounds or over, the additional fine shall be four cents per pound for each pound of excess weight: provided, that upon first conviction, the court in its discretion may suspend the additional fine for excess weight up to five thousand pounds and for excess weight over five thousand pounds may apply the schedule of additional fines as if the excess weight over five thousand pounds were the only excess weight, but in no case shall the basic fine be suspended.

(c) Any other provision of law to the contrary notwithstanding, justice courts having venue shall have concurrent jurisdiction with the superior courts for the imposition of any penalties authorized under this section.

(d) For the purpose of determining additional fines as provided by subsection (b), "excess weight" means the poundage in excess of the maximum gross weight prescribed by Sections 10.44.070 through 10.44.090 plus the weights allowed by Sections 10.44.110 and 10.44.120.

(Res. 78 § 1 (46.44.0451), 1970).

10.44.110 Excess weight– Discretion of arresting officer.

In addition to the limitations of Sections 10.44.070 through 10.44.090, if the gross axle weight is not more than five hundred pounds in excess of the maximum gross axle weight for one axle, and if the gross weight of two axles spaced less than seven feet apart is not more than one thousand pounds in excess of the maximum gross weight for two axles spaced less than seven feet apart, and if the gross weight of any group of axles is not more than fifteen hundred pounds in excess of the maximum gross weight for any group of axles according to the wheelbase spacing of the group of axles as shown in the maximum gross load table of Section 10.44.090 and if the gross weight of a two-axle vehicle is not more than one thousand pounds in excess of the legal gross weight for such two-axle vehicle, and if the gross weight of a three-axle vehicle is not more than fifteen hundred pounds in excess of the maximum legal gross weight for such three-axle vehicle, and if the maximum gross weight of the combination of vehicles is not more than two thousand pounds in excess of the maximum legal gross weight of the combination of vehicles, the arresting officer may, within his discretion, permit the operator to proceed with his vehicle or vehicles in combination without penalty. For the purposes of determining gross weights the actual scale weight taken by the arresting officer shall be prima facie evidence of such total gross weight.

It is the intention of the board of county commissioners to recognize that occasional weight discrepancies in cargo will occur, and to provide the arresting officer with authority and discretion to determine the same; but to prevent the habitual and consistent loading of vehicles above the maximum legal gross weight provided for in Sections 10.44.070 through 10.44.090.

(Res. 78 § 1 (46.44.0461), 1970).

10.44.120 Logging trucks– Special permits– County permits– Fees– Discretion of arresting officer.

In addition to the limitations of Sections 10.44.070, 10.44.080 and 10.44.090, a three axle truck tractor and a two axle pole trailer combination engaged in the operation of hauling logs, shall have an allowable variation in wheelbase length of six feet for the distance between the first and last axle of the vehicle in combination which has a wheelbase overall length of thirty-seven feet or more and upon special permit the gross weight of two axles spaced less than seven feet apart may exceed by not more than sixteen hundred pounds the maximum gross axle weight specified for two axles spaced less than seven feet apart, being thirty-two thousand pounds as provided in Section 10.44.070, and the maximum gross weight of the combination of vehicles may exceed by not more than six thousand eight hundred pounds the maximum legal gross weight of the combination of vehicles, when fully licensed as permitted by law, being sixty-eight thousand pounds.

Such additional allowances shall be permitted by a special permit when involving county roads or using county roads to reach state highways authorizing for permit by the State Highway Department and will be issued by the county. A fee of five dollars for such county permit may be assessed by the board of county commissioners which shall be deposited in the county road fund. The special permit provided herein shall be known as a "county log tolerance permit" and shall designate the route or routes to be used, which shall first be approved by the county engineer. Authorization of additional route or routes may be made at the discretion of the county by amending the original permit or by issuing a new permit. Said permits shall be issued on a yearly basis expiring on March 31st of each calendar year. Any person, firm or corporation who uses any county road for the purpose of transporting logs with weights authorized by state highway log tolerance permits, to reach a state highway route, without first obtaining a county permit when required by the board of county commissioners shall be subject to the penalties prescribed by Section 10.44.100. For the purpose of determining gross weight the actual scale weight taken by the officer shall be prima facie evidence of such total gross weight. In the event the gross weight is in excess of the weight permitted by law, the officer may, within his discretion, permit the operator to proceed with his vehicles in combination.

(Res. 78 § 1 (46.44.0471), 1970).

10.44.130 Minimum length of wheelbase.

It is unlawful to operate any vehicle with a wheelbase between any two axles thereof of less than three feet, six inches.

For the purposes of this section, wheelbase shall be measured upon a straight line from center to center of the vehicle axles designated.

(Res. 78 § 1 (46.44.050), 1970).

10.44.140 Outside load limits for passenger vehicles.

No passenger type vehicle shall be operated on any public highway with any load carried thereon extending beyond the line of the fenders on the left side of such vehicle nor extending more than six inches beyond the line of the fenders on the right side thereof.

(Res. 78 § 1 (46.44.060), 1970).

10.44.150 Drawbar requirements– Trailer whipping or weaving– Towing flag.

The drawbar or other connection between vehicles in combination shall be of sufficient strength to hold the weight of the towed vehicle on any grade where operated. No trailer shall whip, weave or oscillate or fail to follow substantially in the course of the towing vehicle. When a disabled vehicle is being towed by means of bar, chain, rope, cable or similar means and the distance between the towed vehicle and the towing vehicle exceeds fifteen feet there shall be fastened on such connection in approximately the center thereof a white flag or cloth not less than twelve inches square.

(Res. 78 § 1(46.44.070), 1970).

10.44.160 Authority of engineer to close roads.

During the period of January 1st through December 31st of any year, the county road engineer or his designated representative is authorized to close those roads he deems necessary to all vehicles weighing over ten thousand pounds gross weight and to post such roads with appropriate signs to that effect and the restrictions as posted shall be in effect on those roads so posted for the period of time such signs are in place.

(Res. 78 § 1 (46.44.0801), 1970).

10.44.170 Overweight or oversize permits required– Vehicles exempted.

It is unlawful for any person to operate upon any county road of Mason County any vehicle which is overweight or oversize as defined by RCW 46.44, without having first obtained from the county road engineer a permit to so do; provided, that the provisions of this chapter shall not apply:

(1) To vehicles having overall dimensions including load, if any, which do not exceed ten feet in width and/or fifteen feet in height above the level surface upon which the vehicle stands, and/or having a gross weight, including load, which does not exceed eighteen thousand pounds per axle and which are of the following types:

(A) Farm or construction equipment, without pay load moving to or from work sites within Mason County during daylight hours if properly patrolled and flagged,

(B) Vehicles having integral parts, but not loads, which put the vehicle in the category of oversize, for daylight moves, if properly patrolled and flagged;

(2) To vehicles of governmental agencies or public utility companies making emergency moves.

(Res. 78 § 1 (46.44.0901), 1970).

10.44.180 Application– Fees– Permit conditions– Revoking permit.

The county engineer is:

(1) Authorized to require each person applying for an oversize or overweight permit to submit a written application which shows:

(A) Names and addresses of the applicants,

(B) Type of vehicle,

(C) License number of vehicle,

(D) Tire, gross and license load,

(E) Origin, destination and route,

(F) If oversize: Loaded height, width and length,

(G) Date and time of proposed move;

(2) Authorized and directed to collect fees for such overweight or oversize permits in accordance with RCW 46.44.094 and RCW 46.44.096, such fees to be deposited to the Mason County road fund; provided, that no such fees will be required of any governmental agencies or municipal corporations;

(3) Authorized to prescribe for each such move authorized by permit the routes, speeds, dates and times, frequency, and other conditions of the permit to assure the safety of the public and to protect both public and private property;

(4) Authorized to revoke any permit issued when he finds noncompliance with any provision of the permit;

(5) Authorized to suspend for a period of thirty days from the date of such occurrence, the issuance of any permits to any person found in noncompliance with any of the provisions of this chapter, and upon taking such action he shall give notice of such to the permit holder and to the board of county commissioners, stating the nature of the infraction and the conditions of the suspension.

(Res. 78 § 1 (46.44.0902), 1970).

10.44.190 Additional gross load.

(a) A three-axle truck operated as a solo unit and not in combination for which an additional gross load permit has been secured for operation on state highways in accordance with RCW 46.44.095 may, upon application to the county road engineer, secure a similar twelve month permit for the same additional gross weight, for movements on Mason County roads without payment of any additional fees.

(b) When fully licensed to the maximum gross weight permitted under RCW 46.44.040 and when operated in combination with another vehicle, a three or more axle truck-tractor, a three or more axle truck and a three or more axle dromedary truck-tractor may be eligible upon application for a special twelve month permit to be issued by the county road engineer to carry additional gross loads beyond the limit specified for such vehicles in RCW 46.44.040 upon the payment of a fee of sixty dollars per two thousand pounds in excess weight but not to exceed one hundred twenty dollars for the total excess weight. Provided, that the axle loads of such vehicles shall not exceed the limits specified in RCW 46.44.040 and the tire limits specified in RCW 46.44.042. Provided further, that the gross weight of a three or more axle truck operated in combination with a two or three axle trailer shall not exceed seventy-six thousand pounds, and the gross weight for a three or more axle truck-tractor operated in combination with a semitrailer shall not exceed seventy-three thousand two hundred eighty pounds. Such special permits shall entitle the permittee to carry such additional load in such an amount and upon such county roads or sections of county roads as may be determined by the county road engineer to be capable of withstanding such increased gross load without undue injury to the roads.

(c) When fully licensed to the maximum gross weight permitted under RCW 46.44.040 a three or more axle truck or combination vehicle with fixed load may be eligible under a special ninety day permit to be issued by the county road engineer to carry additional gross loads beyond the limit specified for such vehicles in RCW 46.44.040 upon payment of a fee of fifteen dollars per two thousand pounds in excess weight but not to exceed thirty dollars for the total excess weight of the vehicle, provided the gross weight of the vehicle shall not exceed eighty thousand pounds. Such special permits shall entitle the permittee to carry such additional load in such an amount and upon such county roads or sections of county roads as may be determined by the county road engineer to be capable of withstanding such increased gross load without undue injury to the roads.

(d) The county road engineer is hereby authorized to issue additional gross load permits as herein provided and to designate routes and conditions for the permits such as to prevent undue injury to county roads and bridges.

(Res. 78 § 1 (46.44.0903), 1970).

10.44.200 Special permits for extra oversize.

It is unlawful for any person to move upon any county road of Mason County any load having an overall width in excess of fourteen feet or an overall height in excess of sixteen feet above the level surface upon which the loaded vehicle stands, without, in addition to the other requirements of this chapter, complying with the following provisions:

(1) Upon application, showing evidence of notification to all private and public utility companies including railroad companies having facilities over, along or across the proposed route of travel which may be in conflict with or endangered by the loaded vehicle proposed to be moved, such notification shall be given to a responsible member of each such company at least twenty-four hours before starting the proposed move.

(2) Depositing or having on deposit with the county road engineer a bond in the amount of five thousand dollars executed by the applicant, as principal, and a surety company authorized to do business, as a surety, in the state of Washington, as surety, such bond conditioned:

(A) To indemnify and hold harmless Mason County against all liabilities, judgments, costs and expenses which may in any way accrue against it in consequence of oversize load moving by the holder,

(B) To indemnify Mason County for damages to any of its property resulting from the activities by the permit holder in moving oversize loads,

(C) To pay all lawful claims for injury or damage to persons or property occasioned by or in any way arising out of such oversize load moving operations by the permit holder and such bond shall inure to the benefit of any person damaged in person or property by such operations,

(D) To make just compensation to the utility companies for making temporary or permanent rearrangements of their property to accommodate the oversize load movement.

(Res. 78 § 1 (46.44.0904), 1970).

10.44.210 Special permits for oversize or overweight movements– Overall width limits– Application for permit.

In addition to Section 10.44.200, no special permit shall be issued for movement on any two lane highway outside the limits of any city or town where the overall width of load exceeds fourteen feet, or on any multiple lane highway where the overall width of load exceeds thirty-two feet; except that on multiple lane highways where a physical barrier serving as a median divider separates the oncoming and opposing traffic lanes, no special permit shall be issued for width in excess of twenty feet: provided, that:

(1) These width limitations may be exceeded on highways where the latest available traffic figures show that the highway or section of highway carries less than one hundred vehicles per day: provided further, that in the case of buildings, the limitations referred to in this section for movement on any two lane highway other than the national system of interstate and defense highways may be exceeded under the following conditions:

(A) Uninterrupted vehicular traffic shall be maintained in one direction at all times,

(B) Maximum distance of movement shall not exceed five miles; additional contiguous permits shall not be issued to exceed the five mile limit: provided, that when in the opinion of the board of county commissioners a hardship would result, this limitation may be exceeded upon approval of the board,

(C) Prior to issuing a permit a qualified highway department employee shall make a visual inspection of the building and route involved determining that the conditions listed herein shall be complied with and that structures or overhead obstructions may be cleared or moved in order to maintain a constant and uninterrupted movement,

(D) Special escort or other precautions may be imposed to assure movement is made under the safest possible conditions, and the Mason County sheriff's office shall be advised when and where the movement is to be made;

(2) Permits may be issued for widths of vehicles in excess of the preceding limitations on highways or sections of highways which have been designed and constructed for width in excess of such limitations;

(3) These limitations may be rescinded when certification is made by military officials or by officials of public or private power facilities, when in the opinion of the board of county commissioners, the movement or action is a necessary emergency movement or action: provided further, that the structures and highway surfaces on the routes involved are determined to be capable of sustaining widths in excess of such limitation;

(4) These limitations shall not apply to farmers moving farm machinery between farms during daylight hours if the movement does not pass along and upon any primary or secondary highway for a distance greater than thirty-five miles, if properly patrolled and flagged;

(5) These limitations shall not apply to movement during daylight hours on any two lane highway where the gross weight, including load, does not exceed forty thousand pounds and the overall width of load does not exceed sixteen feet: provided, that the minimum and maximum speed of such movements, prescribed route of such movements, the times of such movements, limitation upon frequency of trips (which limitation shall be not less than one per week), and conditions to assure safety of traffic may be prescribed by the board of county commissioners.

The applicant for any special permit shall specifically describe the vehicle or vehicles and load to be operated or moved and the particular highways for which permit to operate is requested and whether such permit is requested for a single trip or for continuous operation.

(Res. 78 § 1 (46.44.0921), 1970).

10.44.220 Fees.

All fees for overlegal load permits shall be paid and disbursed in accordance with RCW 46.44.094 and 46.44.096.

(Res. 78 § 1 (46.44.0941), 1970).

10.44.230 Display of permit.

Every permit issued hereunder shall be carried in the vehicle or combination of vehicles to which it refers and shall be open to inspection by any peace officer or authorized agent of Mason County.

(Res. 78 § 1 (46.44.0942), 1970).

10.44.240 Hearing on suspension or revocation.

Any permittee whose permit is suspended, revoked or from whom a permit has been withheld may, upon request, receive a hearing before the board of county commissioners of Mason County, Washington. The board, after such hearing, may reinstate any permit or amend, revise or revoke the conditions of suspension.

(Res. 78 § 1 (46.44.0943), 1970).

10.44.250 Misrepresentations and violations– Penalty– Display of permit– Hearing.

(a) Any person who misrepresents the size or weight of any load in obtaining a special permit or does not follow the requirements and conditions of the special permit is guilty of a misdemeanor and upon conviction thereof shall be fined not less than fifty dollars or more than one hundred dollars.

(b) Any person who operates any vehicle, the gross weight of which is in excess of the maximum for which such vehicle may be eligible for license, or in excess of legal size limitations, without first obtaining a special permit is guilty of a misdemeanor and upon conviction thereof shall be fined not less than one hundred dollars.

(c) Every special permit issued hereunder shall be carried in the vehicle or combination of vehicles to which it refers and shall be open to inspection by any peace officer or authorized agent of Mason County.

(Res. 78 § 1 (46.44.0971), 1970).

10.44.260 Enforcement– Weighing and lightening.

(a) Any police officer is authorized to require the driver of any vehicle or combination of vehicles to stop and submit to a weighing of the same either by means of a portable or stationary scale and may require that such vehicle be driven to the nearest public scale.

(b) Whenever a police officer, upon weighing a vehicle and load, as above provided, determines that the weight is unlawful, such officer may, in addition to any other penalty provided, require the driver to stop the vehicle in a suitable place and remain standing until such portion of the load is removed as may be necessary to reduce the gross weight of such vehicle to such limit as permitted under this chapter. All materials unloaded shall be cared for by the owner or operator of such vehicle at the risk of such owner or operator.

(c) It is unlawful for any driver of a vehicle to fail or refuse to stop and submit the vehicle and load to a weighing, or to fail or refuse, when directed by an officer upon a weighing of the vehicle to stop the vehicle and otherwise comply with the provisions of this section.

(Res. 78 § 1 (46.44.100), 1970).

10.44.270 Liability for damage to highways, bridges, etc.

Any person operating any vehicle or moving any object or conveyance upon any public highway in this county or upon any bridge or elevated structure which is a part of any such public highway shall be liable for all damages which the public highway, bridge or elevated structure may sustain as a result of any illegal operation of such vehicle or the moving of any such object or conveyance or as a result of the operation or moving of any vehicle, object or conveyance weighing in excess of the legal weight limits allowed by law. This section shall apply to any person operating any vehicle or moving any object or contrivance in any illegal or negligent manner or without a special permit as by law provided for vehicles, objects or contrivances of overweight, overwidth, overheight or overlength. Any person operating any vehicle shall be liable for any damage to any public highway, bridge or elevated structure sustained as the result of any negligent operation thereof. When such operator is not the owner of such vehicle, object or contrivance but is so operating or moving the same with the express or implied permission of the owner thereof, then the owner and the operator shall be jointly and severally liable for any such damage. Such damage to any county highway or structure may be recovered in a civil action instituted in the name of Mason County by the board of county commissioners. Any measure of damage to any public highway determined by the county engineer by reason of this section shall be prima facie the amount of damage caused thereby and shall be presumed to be the amount recoverable in any civil action therefor.

(Res. 78 § 1 (46.44.110), 1970).

10.44.280 Big Beef Bridge– Weight restrictions.

The use of Big Beef Bridge by single trucks exceeding a gross weight of ten tons; by truck and semitrailer exceeding a gross weight of fifteen tons; or by a truck and trailer exceeding a gross weight of eighteen tons is restricted.

(Res. 78 § 1 (46.44.1121), 1970).

10.44.290 Big Beef Bridge– Signs to be posted.

The county road engineer is authorized and directed to have posted suitable signs at the bridge advising the driving public of the provision of Section 10.44.280.

(Res. 78 § 1 (46.44.1131), 1970).

10.44.300 Evers Bridge– Weight restrictions.

(a) The gross load on Bridge No. 9010-23.35, Evers Bridge, over Decker Creek shall be limited to thirty-seven tons for a period of five years unless the board of commissioners, by appropriate action based upon proper certification, modifies or removes such restrictions.

(b) The county engineer shall post the bridge with the load limit as set forth in this section. Violation of this load limit constitutes a misdemeanor in accordance with RCW 26.75.270.

(Ord. 893, 1978).

Chapter 10.48
ACCIDENTS AND REPORTS

Sections:

10.48.010 Duty on striking unattended car or other property.

10.48.020 Duty in case of injury to or death of person or damage to attended vehicle.

10.48.030 Accident reports.

10.48.040 Report when operator disabled.

10.48.050 Police officer's report.

10.48.060 Confidentiality of reports– Information required to be disclosed– Evidence.

10.48.070 Availability of factual data to interested parties.

10.48.080 Fee for written information.

10.48.090 Reports by repairmen, storage men and appraisers– Violations– Penalties.

10.48.100 Record of traffic charges– Reports of convictions by courts– Venue in justice courts– Driving under influence of liquor or drugs– Penalty.

10.48.010 Duty on striking unattended car or other property.

The operator of any vehicle which collided with any other vehicle which is unattended shall immediately stop and shall then and there either locate and notify the operator or owner of such vehicle of the name and address of the operator and owner of the vehicle striking the unattended vehicle or shall leave in a conspicuous place in the vehicle struck a written notice, giving the name and address of the operator and of the owner of the vehicle striking such other vehicle.

The driver of any vehicle involved in an accident resulting only in damage to property fixed or placed upon or adjacent to any public highway shall take reasonable steps to locate and notify the owner or person in charge of such property of such fact and of the name and address of the operator and owner of the vehicle striking such property, or shall leave in a conspicuous place upon the property struck a written notice, giving the name and address of the operator and of the owner of the vehicle so striking the property, and such person shall further make report of such accident as in the case of other accidents upon the public highways of this county.

(Res. 78 § 1 (46.52.010), 1970).

10.48.020 Duty in case of injury to or death of person or damage to attended vehicle.

(a) A driver of any vehicle involved in an accident resulting in the injury to or death of any person shall immediately stop such vehicle at the scene of such accident or as close thereto as possible but shall then forthwith return to, and in every event remain at, the scene of such accident until he has fulfilled the requirements of subdivision (c) of this section.

(b) The driver of any vehicle involved in an accident resulting only in damage to a vehicle which is driven or attended by any person shall immediately stop such vehicle at the scene of such accident or as close thereto as possible and shall forthwith return to, and in any event shall remain at, the scene of such accident until he has fulfilled the requirements of subdivision (c) of this section.

(c) The driver of any vehicle involved in an accident resulting in injury or death of any person or damage to any vehicle which is driven or attended by any person shall give his name, address and vehicle license number and shall exhibit his vehicle driver's license to any person struck or injured or the driver or any occupant of, or any person attending, any such vehicle collided with and shall render to any person injured in such accident reasonable assistance, including the carrying or the making of arrangements for the carrying of such person to a physician or hospital for medical treatment if it is apparent that such treatment is necessary or if such carrying is requested by the injured person or on his behalf. Under no circumstances shall the rendering of assistance or other compliance with the provisions of this subsection be evidence of the liability of any driver for such accident.

(d) Any person failing to stop or to comply with any of the requirements of subdivision (c) of this section under said circumstances shall, upon conviction, be punished by imprisonment for not less than thirty days nor more than one year or by a fine of not less than one hundred dollars nor more than five hundred dollars, or by both such fine and imprisonment: provided, that this provision shall not apply to any person injured or incapacitated by such accident to the extent of being physically incapable of complying herewith.

(Res. 78 § 1 (46.52.0201), 1970).

10.48.030 Accident reports.

The operator of any vehicle involved in an accident resulting in injury or death of any person or damage to the property of any one person to an apparent extent of one hundred dollars or more, shall, within twenty-four hours after such accident, make a written report of such accident to the chief of police of the city or town or the county sheriff or state patrol if such accident occurred outside incorporated cities and towns. The sheriff of Mason County may require any operator of any vehicle involved in an accident, or which report must be made as provided in this section, to file supplemental reports whenever the original report, in his opinion, is insufficient and may likewise require witnesses of any such accident to render reports.

(Res. 78 § 1 (46.52.0301), 1970).

10.48.040 Report when operator disabled.

Whenever the driver of the vehicle involved in any accident, concerning which accident report is required, is physically incapable of making the required accident report and there is another occupant other than a passenger for hire therein, in the vehicle at the time of the accident capable of making a report, such occupant shall make or cause to be made such report. Upon recovery such driver shall make such report in the manner required by law.

(Res. 78 § 1 (46.52.040), 1970).

10.48.050 Police officer's report.

Any police officer of the state of Washington or of any county, city, town or other political subdivision, present at the scene of any accident or in possession of any facts concerning any accident whether by way of official investigation or otherwise shall make report thereof in the same manner as required of the parties to such accident and as fully as the facts in his possession concerning such accident will permit.

(Res. 78 § 1 (46.52.070), 1970).

10.48.060 Confidentiality of reports– Information required to be disclosed– Evidence.

All required accident reports and supplemental reports and copies thereof shall be without prejudice to the individual so reporting and shall be for the confidential use of the county prosecuting attorney and chief of police or county sheriff, as the case may be, and the director of motor vehicles and the chief of the Washington State Patrol, and other officer or commission as authorized by law, except that any such officer shall disclose the names and addresses of persons reported as involved in an accident or as witnesses thereto, the vehicle license plate numbers and descriptions of vehicles involved, and the date, time and location of an accident, to any person who may have a proper interest therein, including the driver or drivers involved, or the legal guardian thereof, the parent of a minor driver, any person injured therein, the owner of vehicles or property damaged thereby, or any authorized representative of such an interested party, or the attorney or insurer thereof. No such accident report or copy thereof shall be used as evidence in any trial, civil or criminal, arising out of an accident, except that any officer above named for receiving accident reports shall furnish, upon demand of any person who has, or who claims to have, made such a report, or, upon demand of any court, a certificate showing that a specified accident report has or has not been made to the chief of Washington State Patrol solely to prove a compliance or a failure to comply with the requirement that such a report be made in the manner required by law.

(Res. 78 § 1 (46.52.080), 1970).

10.48.070 Availability of factual data to interested parties.

All of the factual data submitted in report form by the officers, together with the signed statements of all witnesses, except the reports signed by the drivers involved in the accident, shall be made available upon request to the interested parties named in Section 10.48.060.

(Res. 78 § 1 (46.52.083), 1970).

10.48.080 Fee for written information.

Any information authorized for release under Sections 10.48.060 and 10.48.070 may be furnished in written form for a fee of two dollars. All fees received by the Mason County sheriff for such copies shall be deposited in the county current expense fund.

(Res. 78 § 1 (46.52.0851), 1970).

10.48.090 Reports by repairmen, storage men and appraisers– Violations– Penalties.

Any person, firm, corporation or association engaged in the business of repair to motor vehicles or any person, firm, corporation or association which may at any time engage in the repair of any motor vehicle or other vehicle owned by any other person, firm, corporation, or association, shall be and is hereby required to maintain a complete record of any and all vehicles repaired, the nature of the repair to which indicates the damage or injury could have been caused by collision with any person or property. Such report shall be made out and kept posted currently in duplicate, showing the name of the person for whom such repair is done, the date of such repair, the motor number of the vehicle if it be a motor vehicle, or the serial number of the vehicle if it be a trailer or semitrailer, the license number of the vehicle, a brief statement of the nature of such repair and the cost thereof. Such report should be certified by the person or a duly authorized representative of the firm, corporation or association performing such repairs, such certification stating that the foregoing report is a true and accurate report of all such repairs, performed during the period covered by the report and in any wise indicating that the injury or damage to such vehicle could have been caused by collision with any person or property. Any person, firm, corporation or association failing to submit such report is guilty of a gross misdemeanor and any person certifying to any such report containing fraudulent or untrue information or omitting any required information in any material respect is guilty of forgery. Such report shall be submitted on Monday of each week for the preceding calendar week, to the county sheriff. When the county sheriff shall have checked such reports for their own informational purposes, such reports shall be forwarded to the chief of the Washington State Patrol, and such reports shall be forwarded within a period of ten days from the date of submission to such local authority. The person, firm, corporation or association performing such repairs shall retain the duplicate copy of such report in their permanent files and the same shall be open to inspection during business hours by any police officer or any person authorized by the chief of the Washington State Patrol. Such report shall also be made by persons, firms or corporations providing storage or furnishing appraisals and shall contain the same record as required above of any such vehicles brought in for appraisal or storage. Forms for such records shall be prescribed by the chief of the Washington State Patrol and may be obtained from the local authority to whom accident reports are made.

It is unlawful for any person to destroy or conceal any evidence of damage to a vehicle indicating that such damage could be the result of collision with any person or property without adequate record thereof and any person so doing is guilty of a gross misdemeanor.

(Res. 78 § 1 (46.52.090), 1970).

10.48.100 Record of traffic charges– Reports of convictions by courts– Venue in justice courts– Driving under influence of liquor or drugs– Penalty.

(a) Every justice court judge, police judge and clerk of superior court shall keep or cause to be kept a record of every traffic complaint, traffic citation or other legal form of traffic charge deposited with or presented to the justice court judge, police judge, superior court or a traffic violations bureau, and shall keep a record of every official action by the court or its traffic violations bureau in reference thereto, including but not limited to a record of every conviction, forfeiture of bail, judgment of acquittal and the amount of fine or forfeiture resulting from every traffic complaint or citation deposited with or presented to the justice court judge, police judge, superior court or traffic violations bureau.

(b) The Monday following the conviction or forfeiture of bail of a person upon a charge of violating any provisions of this chapter or other law regulating the operation of vehicles on highways, every magistrate of the court or clerk of the court of record in which such conviction was had or bail was forfeited shall prepare and immediately forward to the director of motor vehicles at Olympia an abstract of the record of the court covering the case in which the person was so convicted or forfeited bail, which abstract must be certified by the person so required to prepare the same to be true and correct. Report need not be made of any conviction involving the illegal parking or standing of a vehicle.

(c) The abstract must be made upon a form furnished by the director and shall include the name and address of the party charged, the number, if any, of his driver's or chauffeur's license, the registration number of the vehicle involved, the nature of the offense, the date of hearing, the plea, the judgment, or whether bail forfeited and the amount of the fine or forfeiture as the case may be.

(d) Every court of record shall also forward a like report to the director upon the conviction of any person of manslaughter or other felony in the commission of which a vehicle was used.

(e) The failure of any such judicial officer to comply with any of the requirements of this section shall constitute misconduct in office and shall be grounds for removal therefrom.

(f) It shall be the duty of the officer, prosecuting attorney or city attorney signing the charge or information in any case involving a charge of driving under the influence of intoxicating liquor or any narcotic drug immediately to make request to the director for an abstract of convictions and forfeitures which the director shall furnish.

(g) If a driver has a record of two or more convictions or forfeitures for the offense of operating a vehicle under the influence of or affected by the use of intoxicating liquor or any narcotic drug within a five year period, he shall, upon conviction, be fined not less than one hundred dollars and not more than one thousand dollars, and shall be sentenced to not less than thirty days and not more than one year in the county jail and neither fine nor sentence shall be suspended; and the court shall revoke the driver's license.

(h) If the driver at the time of the offense charged was without a driver's license because of a previous suspension or revocation, the minimum mandatory jail sentence and fine shall be ninety days in the county jail and a two hundred dollar fine. The penalty so imposed shall not be suspended.

(Res. 78 § 1 (46.52.1001), 1970).

Chapter 10.52
RULES OF THE ROAD

Sections:

10.52.005 Provisions of chapter refer to vehicles upon highways– Exceptions.

10.52.010 Required obedience to traffic laws.

10.52.015 Obedience to police officers and flagmen.

10.52.020 Refusal to give information to or cooperate with officer.

10.52.025 Persons riding animals or driving animal-drawn vehicles.

10.52.030 Persons working on highways– Exceptions.

10.52.035 Authorized emergency vehicles.

TRAFFIC SIGNS, SIGNALS AND MARKINGS

10.52.040 Obedience to and required traffic control devices.

10.52.045 Traffic control signal legend.

10.52.050 Pedestrian control signals.

10.52.055 Flashing signals.

10.52.060 Lane direction control signals.

10.52.065 Stop and yield right-of-way signs.

10.52.070 Display of unauthorized signs, signals or markings.

10.52.075 Interference with official traffic control devices or railroad signs or signals.

DRIVING ON RIGHT SIDE OF ROADWAY– OVERTAKING AND PASSING– USE OF ROADWAY

10.52.080 Drive on right side of roadway– Exceptions.

10.52.085 Passing vehicles proceeding in opposite directions.

10.52.090 Overtaking vehicle on the left.

10.52.095 When overtaking on the right is permitted.

10.52.100 Limitations on overtaking on the left.

10.52.105 Further limitations on driving to left of center of roadway.

10.52.110 No passing zones.

10.52.115 One-way roadways and rotary traffic islands.

10.52.120 Ponderosa Drive and Ponderosa Drive West.

10.52.125 One-way trail.

10.52.130 Driving on roadways laned for traffic.

10.52.135 Following too closely.

10.52.140 Driving on divided highways.

10.52.145 Restricted access.

RIGHT-OF-WAY

10.52.150 Vehicle approaching intersection.

10.52.155 Vehicle turning left.

10.52.160 Vehicle entering stop or yield intersection.

10.52.165 Arterial highways designated– Stopping on entering.

10.52.170 Stop intersections other than arterial may be designated.

10.52.175 Arterial roads and stop streets.

10.52.180 Vehicle entering highway from private road or driveway.

10.52.185 Operation of vehicles on approach of authorized emergency vehicles.

PEDESTRIANS' RIGHTS AND DUTIES

10.52.190 Pedestrians subject to traffic regulations.

10.52.195 Pedestrians' right-of-way in crosswalks.

10.52.200 Crossing at other than crosswalks.

10.52.205 Drivers to exercise care.

10.52.210 Pedestrians on roadways.

10.52.215 Pedestrians soliciting rides or business.

10.52.220 Driving through safety zone prohibited.

10.52.225 Blind pedestrians.

10.52.230 Use of device for blind by others prohibited.

TURNING AND STARTING AND SIGNALS ON STOPPING AND TURNING

10.52.235 Required position and method of turning at intersections.

10.52.240 "U" turns on curve or crest of grade prohibited.

10.52.245 Starting parked vehicle.

10.52.250 Turning movements and required signals.

10.52.255 Signals by hand and arm or signal lamps.

10.52.260 Method of giving hand and arm signals.

SPECIAL STOPS REQUIRED

10.52.265 Obedience to signal indicating approach of train.

10.52.270 Certain vehicles must stop at all railroad grade crossings.

10.52.275 Moving heavy equipment at railroad grade crossings.

10.52.280 Stop signs and yield signs.

10.52.285 Emerging from alley, driveway or building.

10.52.290 Overtaking and passing school bus.

10.52.295 School patrol– Appointment– Authority.

SPEED RESTRICTIONS

10.52.300 Basic rule and maximum limits.

10.52.305 Unlawful to exceed posted speed.

10.52.310 Maximum speed on unposted roads.

10.52.315 Posting of signs.

10.52.320 Minimum speed regulations.

10.52.325 Maximum speed limit when passing school or playground crosswalks.

10.52.330 Due care required.

10.52.335 Maximum speed, weight or size in traversing bridges, elevated structures, tunnels, under passes– Posting limits.

10.52.340 Vehicles with solid or hollow cushion tires.

10.52.345 Special speed limitation on motor-driven cycle.

10.52.350 Exceeding speed limit evidence of reckless driving.

10.52.355 Charging violations of speed regulations.

RECKLESS DRIVING, DRIVING WHILE INTOXICATED AND NEGLIGENT HOMICIDE BY VEHICLE

10.52.360 Reckless driving.

10.52.365 Persons under influence of intoxicating liquor– Presumptions– Evidence– Chemical tests– Information concerning tests.

10.52.370 Persons under the influence of drugs.

10.52.375 Driving while under the influence of intoxicating liquor or drugs– Penalties– Suspension or revocation of license– Appeal.

10.52.380 Operating motor vehicle in negligent manner.

10.52.385 Racing vehicles on highways deemed reckless driving.

10.52.390 Advertising unlawful speed attained deemed reckless driving.

STOPPING, STANDING AND PARKING

10.52.395 Stopping, standing or parking outside business or residence districts.

10.52.400 Officers authorized to remove illegally stopped vehicle.

10.52.405 Stopping, standing or parking prohibited in specified places.

10.52.410 Limited parking zones.

10.52.415 Special parking privileges for certain disabled persons– Display of decal– Prohibited areas.

MISCELLANEOUS RULES

10.52.420 Unattended motor vehicle.

10.52.425 Limitations on backing.

10.52.430 Riding on motorcycles.

10.52.435 Motorcycles– Maximum height for handlebars.

10.52.440 Motorcycles– Both feet not to be on same side.

10.52.445 Obstructions to driver's view or driving mechanism.

10.52.450 Opening and closing vehicle doors.

10.52.455 Riding in trailers.

10.52.460 Coasting prohibited.

10.52.465 Following fire apparatus prohibited.

10.52.470 Crossing fire hose.

10.52.475 Fire zone existence.

10.52.480 Removal of obstructions in fire zone.

10.52.485 Fire zone– Traffic operations.

10.52.490 Fire zone entry.

10.52.495 Fire lines established.

10.52.500 Barricading hazardous area.

10.52.505 Throwing or depositing glass, etc., on highway prohibited– Removal.

10.52.510 Throwing or dropping glass or debris, etc., upon or along highways, parks, beaches, or waters– Penalty– Suspension of penalty conditioned upon removal of debris.

10.52.515 Permitting escape of load materials.

10.52.520 Carrying persons or animals on outside part of vehicle.

10.52.525 Embracing another while driving.

10.52.530 Driving with wheels off roadway.

10.52.535 Causing or permitting vehicle to be unlawfully operated.

10.52.540 Lowering passenger motor vehicle below legal clearance.

10.52.545 Leaving children unattended in standing vehicle while motor running.

10.52.550 Attempting, aiding, abetting, coercing, committing violations.

10.52.555 Parent or guardian not to authorize or permit violation by child or ward.

10.52.560 Violation of Sections 10.52.565– 10.52.590 deemed misdemeanor– Effect of regulations.

10.52.565 Traffic laws apply to persons riding bicycles.

10.52.570 Riding on bicycles.

10.52.575 Clinging to vehicles.

10.52.580 Riding on roadways and bicycle paths.

10.52.585 Carrying articles on bicycles.

10.52.590 Lamps and other equipment on bicycles.

10.52.005 Provisions of chapter refer to vehicles upon highways– Exceptions.

The provisions of this chapter relating to the operation of vehicles refer exclusively to the operation of vehicles upon highways except:

(1) Where a different place is specifically referred to in a given section;

(2) The provisions of Sections 10.48.010 through 10.48.090 and 10.52.360 through 10.52.375 and RCW 46.61.520 shall apply upon highways and elsewhere throughout the county.

(Res. 78 § 1 (46.61.005), 1970).

10.52.010 Required obedience to traffic laws.

It is unlawful and, unless otherwise declared in this chapter with respect to particular offenses, it is a misdemeanor for any person to do any act forbidden or fail to perform any act required in this chapter.

(Res. 78 § 1 (46.61.010), 1970).

10.52.015 Obedience to police officers and flagmen.

No person shall wilfully fail or refuse to comply with any lawful order or direction of any duly authorized flagman or any police officer invested by law with authority to direct, control or regulate traffic.

(Res. 78 § 1 (46.61.015), 1970).

10.52.020 Refusal to give information to or cooperate with officer.

It is unlawful for any person while operating or in charge of any vehicle to refuse when requested by a police officer to give his name and address and the name and address of the owner of such vehicle, or for such person to give a false name and address, and it is likewise unlawful for any such person to refuse or neglect to stop when signaled to stop by any police officer or to refuse upon demand of such police officer to produce his certificate of license registration of such vehicle or his vehicle driver's license or to refuse to permit such officer to take any such license or certificate for the purpose of examination thereof or to refuse to permit the examination of any equipment of such vehicle or the weighing of such vehicle or to refuse or neglect to produce the certificate of license registration of such vehicle or his vehicle driver's license when requested by any court. Any police officer shall on request produce evidence of his authorization as such.

(Res. 78 § 1 (46.61.020), 1970).

10.52.025 Persons riding animals or driving animal-drawn vehicles.

Every person riding an animal or driving any animal-drawn vehicle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this chapter except those provisions of this chapter which by their very nature can have no application.

(Res. 78 § 1 (46.61.025), 1970).

10.52.030 Persons working on highways– Exceptions.

Unless specifically made applicable, the provisions of this chapter except those contained in Sections 10.52.360 through 10.52.375 and RCW 46.61.520 shall not apply to persons, teams, motor vehicles and other equipment while actually engaged in work upon the surface of a highway but shall apply to such persons and vehicles when traveling to or from such work.

(Res. 78 § 1 (46.61.030), 1970).

10.52.035 Authorized emergency vehicles.

(a) The driver of an authorized emergency vehicle, when responding to an emergency call or when in the pursuit of an actual or suspected violator of the law or when responding to but not upon returning from a fire alarm, may exercise the privileges set forth in this section, but subject to the conditions herein stated.

(b) The driver of an authorized emergency vehicle may:

(1) Park or stand, irrespective of the provisions of this chapter;

(2) Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation;

(3) Exceed the maximum speed limits so long as he does not endanger life or property;

(4) Disregard regulations governing direction of movement or turning in specified directions.

(c) The exemptions herein granted to an authorized emergency vehicle shall apply only when such vehicle is making use of audible and visual signals meeting the requirements of RCW 46.37.190, except that an authorized emergency vehicle operated as a police vehicle need not be equipped with or display a red light visible from in front of the vehicle.

(d) The foregoing provisions shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons, nor shall such provisions protect the driver from the consequences of his reckless disregard for the safety of others.

(Res. 78 § 1 (46.61.035), 1970).


TRAFFIC SIGNS, SIGNALS AND MARKINGS

10.52.040 Obedience to and required traffic control devices.

(a) The driver of any vehicle and every pedestrian shall obey the instructions of any official traffic control device applicable thereto placed in accordance with the provisions of this chapter, unless otherwise directed by a traffic or police officer, subject to the exception granted the driver of an authorized emergency vehicle in this chapter.

(b) No provisions of this chapter for which signs are required shall be enforced against an alleged violator if at the time and place of the alleged violation an official sign is not in proper position and sufficiently legible or visible to be seen by an ordinarily observant person. Whenever a particular section does not state that signs are required, such section shall be effective even though no signs are erected or in place.

(c) Whenever official traffic control devices are placed in position approximately conforming to the requirements of this chapter, such devices shall be presumed to have been so placed by the official act or direction of lawful authority, unless the contrary shall be established by competent evidence.

(d) Any official traffic control device placed pursuant to the provisions of this chapter and purporting to conform to the lawful requirements pertaining to such devices shall be presumed to comply with the requirements of this chapter, unless the contrary shall be established by competent evidence.

(Res. 78 § 1 (46.61.050), 1970).

10.52.045 Traffic control signal legend.

Whenever traffic is controlled by traffic control signals exhibiting different colored lights, or colored lighted arrows, successively one at a time or in combination, only the colors green, red and yellow shall be used, except for special pedestrian signals carrying a word legend, and the lights shall indicate and apply to drivers of vehicles and pedestrians as follows:

(1) Green Indication:

(A) Vehicular traffic facing a circular green signal may proceed straight through or turn right or left unless a sign at such place prohibits either such turn. But vehicular traffic, including vehicles turning right or left, shall yield the right-of-way to other vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time such signal is exhibited,

(B) Vehicular traffic facing a green arrow signal, shown alone or in combination with another indication, may cautiously enter the intersection only to make the movement indicated by such arrow, or such other movement as is permitted by other indications shown at the same time. Such vehicular traffic shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection,

(C) Unless otherwise directed by a pedestrian control signal, as provided in Section 10.52.050, pedestrians facing any green signal, except when the sole green signal is a turn arrow, may proceed across the roadway within any marked or unmarked crosswalk;

(2) Steady Yellow Indication:

(A) Vehicular traffic facing a steady yellow signal is thereby warned that the related green movement is being terminated or that a red indication will be exhibited immediately thereafter when vehicular traffic shall not enter the intersection,

(B) Pedestrians facing a steady yellow signal, unless otherwise directed by a pedestrian control signal as provided in Section 10.52.050, are thereby advised that there is insufficient time to cross the roadway before a red indication is shown and no pedestrian shall then start to cross the roadway;

(3) Steady Red Indication:

(A) Vehicular traffic facing a steady red signal alone shall stop before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection and shall remain standing until a green indication is shown: provided, that such traffic may, after stopping cautiously proceed to make a right turn from a one-way or two-way street into a two-way street or into a one-way street carrying traffic in the direction of the right turn; or a left turn from a one-way or two-way street into a one- way street carrying traffic in the direction of the left turn; unless a sign posted by competent authority prohibits such movement; but vehicular traffic making such turns shall yield the right-of-way to other vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time such signal is exhibited,

(B) Unless otherwise directed by a pedestrian-control signal as provided in Section 10.52.050, pedestrians facing a steady red signal alone shall not enter the roadway;

(4) In the event an official traffic control signal is erected and maintained at a place other than an intersection, the provisions of this section shall be applicable except as to those provisions which by their nature can have no application. Any stop required shall be made at a sign or marking on the pavement indicating where the stop shall be made, but in the absence of any such sign or marking the stop shall be made at the signal.

(Res. 78 § 1 (46.61.055), 1970).

10.52.050 Pedestrian control signals.

Whenever special pedestrian control signals exhibiting the words "Walk" or "Don't Walk" are in place such signals shall indicate as follows:

(1) Walk: Pedestrians facing such signal may proceed across the roadway in the direction of the signal and shall be given the right-of-way by the drivers of all vehicles;

(2) Don't Walk: No pedestrian shall start to cross the roadway in the direction of such signal, but any pedestrian who has partially completed his crossing on the walk signal shall proceed to a sidewalk or safety island while the don't walk signal is showing;

(3) Pedestrian control signals having the "Wait" legend in use on August 6, 1965, shall be deemed authorized signals and shall indicate the same as the "Don't Walk" legend. Whenever such pedestrian control signals are replaced the legend "Wait" shall be replaced by the legend "Don't Walk."

(Res. 78 § 1 (46.61.060), 1970).

10.52.055 Flashing signals.

(a) Whenever an illuminated flashing red or yellow signal is used in a traffic sign or signal it shall require obedience by vehicular traffic as follows:

(1) Flashing Red (Stop Signal). When a red lens is illuminated with rapid intermittent flashes, drivers of vehicles shall stop before entering the nearest crosswalk at an intersection or at a limit line when marked, or, if none, then before entering the intersection, and the right to proceed shall be subject to the rules applicable after making a stop at a stop sign;

(2) Flashing Yellow (Caution Signal). When a yellow lens is illuminated with rapid intermittent flashes, drivers of vehicles may proceed through the intersection or past such signal only with caution.

(b) This section shall not apply at railroad grade crossings. Conduct of drivers of vehicles approaching railroad grade crossings shall be governed by the rules as set forth in Section 10.52.265.

(Res. 78 § 1 (46.61.065), 1970).

10.52.060 Lane direction control signals.

When lane direction control signals are placed over the individual lanes of a street or highway, vehicular traffic may travel in any lane over which a green signal is shown, but shall not enter or travel in any lane over which a red signal is shown.

(Res. 78 § 1 (46.61.070), 1970).

10.52.065 Stop and yield right-of-way signs.

In order to provide safety at intersections on the county highway system, the board of county commissioners may require persons traveling upon any portion of such highway to stop before entering the intersection. For this purpose there may be erected a standard stop sign as prescribed in the state of Washington "Manual on Uniform Traffic Control Devices for Streets and Highways." All persons traveling upon the highway shall come to a complete stop at such a sign and the appearance of any sign so located shall be sufficient warning to a person that he is required to stop. A person stopping at such a sign shall proceed through such portion of the highway in a careful manner and at a reasonable rate of speed not to exceed twenty miles per hour. It is unlawful to fail to comply with the directions of any such a stop sign: provided, that when the findings of a traffic engineering study show that the condition of an intersection is such that vehicles may safely enter the major artery without stopping, the board of county commissioners shall install and maintain a "Yield Right-of-Way" sign.

The driver of a vehicle approaching a "Yield Right-of- Way" sign shall reduce speed or stop if necessary in order to yield the right-of-way to all traffic on the intersecting street which is so close as to constitute an immediate hazard. A motorist proceeding past such a sign with a resultant collision or other interferences with traffic on the intersecting street shall be prima facie evidence that the motorist had not obeyed the sign and yielded the right-of-way as provided by this statute.

(Res. 78 § 1 (46.61.0721), 1970).

10.52.070 Display of unauthorized signs, signals or markings.

(a) No person shall place, maintain or display upon or in view of any highway any unauthorized sign, signal, marking or device which purports to be or is an imitation of or resembles an official traffic control device or railroad sign or signal, or which attempts to direct the movement of traffic, or which hides from view or interferes with the effectiveness of an official traffic control device or any railroad sign or signal.

(b) No person shall place or maintain nor shall any public authority permit upon any highway any traffic sign or signal bearing thereon any commercial advertising.

(c) This section shall not be deemed to prohibit the erection upon private property adjacent to highways of signs giving useful directional information and of a type that cannot be mistaken for official signs.

(d) Every such prohibited sign, signal or marking is hereby declared to be a public nuisance and the authority having jurisdiction over the highway is hereby empowered to remove the same or cause it to be removed without notice.

(Res. 78 § 1 (46.61.075), 1970).

10.52.075 Interference with official traffic control devices or railroad signs or signals.

No person shall, without lawful authority, attempt to or in fact alter, deface, injure, knock down or remove any official traffic control device or any railroad sign or signal or any inscription, shield or insignia thereon, or any other part thereof.

(Res. 78 § 1 (46.61.080), 1970).


DRIVING ON RIGHT SIDE OF ROADWAY– OVERTAKING AND PASSING– USE OF ROADWAY

10.52.080 Drive on right side of roadway– Exceptions.

(a) Upon all roadways of sufficient width a vehicle shall be driven upon the right half of the roadway, except as follows:

(1) When overtaking and passing another vehicle proceeding in the same direction under the rules governing such movement;

(2) When an obstruction exists making it necessary to drive to the left of the center of the highway; provided, any person so doing shall yield the right-of-way to all vehicles traveling in the proper direction upon the unobstructed portion of the highway within such distance as to constitute an immediate hazard;

(3) Upon a roadway divided into three marked lanes for traffic under the rules applicable thereon; or

(4) Upon a roadway designated and signposted for one-way traffic.

(b) Upon all roadways any vehicle proceeding at less than the speed of the general flow of traffic at the time and place and under the conditions then existing, shall be driven in the right-hand lane then available for traffic, or as close as practicable to the right-hand curb or edge of the roadway, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn at an intersection, exit, or into a private road or driveway when such left turn is legally permitted.

(c) Upon any roadway having four or more lanes for moving traffic and providing for two-way movement of traffic, no vehicle shall be driven to the left of the center line of the roadway, except when authorized by official traffic control devices designating certain lanes to the left side of the center of the roadway for use by traffic not otherwise permitted to use such lanes, or except as permitted under subsection (a) (2) hereof.

(Res. 78 § 1 (46.61.100), 1970).

10.52.085 Passing vehicles proceeding in opposite directions.

Drivers of vehicles proceeding in opposite directions shall pass to the right of each other, and upon roadways having width for not more than one line of traffic in each direction each driver shall give to the other at least one-half of the main-traveled portion of the roadway as nearly as possible.

(Res. 78 § 1 (46.61.105), 1970).

10.52.090 Overtaking vehicle on the left.

The following rules shall govern the overtaking and passing of vehicles proceeding in the same direction, subject to those limitations, exceptions and special rules hereinafter stated:

(1) The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle;

(2) Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle on audible signal and shall not increase the speed of his vehicle until completely passed by the overtaking vehicle.

(Res. 78 § 1 (46.61.110), 1970).

10.52.095 When overtaking on the right is permitted.

(a) The driver of a vehicle may overtake and pass upon the right of another vehicle only under the following conditions:

(1) When the vehicle overtaken is making or about to make a left turn;

(2) Upon a street or highway with unobstructed pavement not occupied by parked vehicles of sufficient width for two or more lines of moving vehicles in each direction;

(3) Upon a one-way street, or upon any roadway on which traffic is restricted to one direction of movement, where the roadway is free from obstructions and of sufficient width for two or more lines of moving vehicles.

(b) The driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting such movement in safety. In no event shall such movement be made by driving off the pavement or main-traveled portion of the roadway.

(Res. 78 § 1 (46.61.115), 1970).

10.52.100 Limitations on overtaking on the left.

No vehicle shall be driven to the left side of the center of the roadway in overtaking and passing another vehicle proceeding in the same direction unless authorized by the provisions of Sections 10.52.080 through 10.52.145 and unless such left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completely made without interfering with the operation of any vehicle approaching from the opposite direction or any vehicle overtaken. In every event the overtaking vehicle must return to an authorized lane of travel as soon as practicable and in the event the passing movement involves the use of a lane authorized for vehicles approaching from the opposite direction, before coming within two hundred feet of any approaching vehicle.

(Res. 78 § 1 (46.61.120), 1970).

10.52.105 Further limitations on driving to left of center of roadway.

(a) No vehicle shall at any time be driven to the left side of the roadway under the following conditions:

(1) When approaching the crest of a grade or upon a curve in the highway where the driver's view is obstructed within such distance as to create a hazard in the event another vehicle might approach from the opposite direction;

(2) When approaching within one hundred feet of or traversing any intersection or railroad grade crossing;

(3) When the view is obstructed upon approaching within one hundred feet of any bridge, viaduct or tunnel.

(b) The foregoing limitations shall not apply upon a one-way roadway.

(Res. 78 § 1 (46.61.125), 1970).

10.52.110 No passing zones.

(a) Where overtaking and passing or driving to the left of the roadway would be especially hazardous and the beginning and end of such zones is indicated by means of a solid barrier paint line of contrasting color parallel, adjacent, and to the right of the painted barrier line of the traffic lane in which the vehicle is operating, and when such markings are in place and clearly visible to an ordinarily observant person every driver of a vehicle shall obey the directions thereof.

(b) Where signs or markings are in place to define a no passing zone as set forth in subsection (a) above, no driver shall at any time drive on the left side of the roadway within such no passing zone or on the left side of any pavement striping designed to mark such no passing zone throughout its length.

(Res. 78 § 1 (46.61.1301), 1970).

10.52.115 One-way roadways and rotary traffic islands.

(a) Upon a roadway designated and signposted for one-way traffic a vehicle shall be driven only in the direction designated.

(b) A vehicle passing around a rotary traffic island shall be driven only to the right of such island.

(Res. 78 § 1 (46.61.1351), 1970).

10.52.120 Ponderosa Drive and Ponderosa Drive West.

The following described road shall be one-way:

Ponderosa Drive and Ponderosa Drive West– in plat of Shorewoods No. 3, Section 19 and 20, Township 28N, Range 2E., W.M.

(Res. 78 § 1 (46.61.1352), 1970).

10.52.125 One-way trail.

The following described road shall be one-way:

One-Way Trail– in plat of Colt "45", Section 8, Township 24N, Range 1W., W.M.

(Res. 78 § 1 (46.61.1353), 1970).

10.52.130 Driving on roadways laned for traffic.

Whenever any roadway has been divided into two or more clearly marked lanes for traffic the following rules in addition to all others consistent herewith shall apply:

(1) A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety;

(2) Upon a roadway which is divided into three lanes and provides for two-way movement of traffic, a vehicle shall not be driven in the center lane except when overtaking and passing another vehicle traveling in the same direction when such center lane is clear of traffic within a safe distance, or in preparation for making a left turn or where such center lane is at the time allocated exclusively to traffic moving in the same direction that the vehicle is proceeding and such allocation is designated by official traffic control devices;

(3) Official traffic control devices may be erected directing slow moving or other specified traffic to use a designated lane or designating those lanes to be used by traffic moving in a particular direction regardless of the center of the roadway and drivers of vehicles shall obey the directions of every such device;

(4) Official traffic control devices may be installed prohibiting the changing of lanes on sections of roadway and drivers of vehicles shall obey the directions of every such device.

(Res. 78 § 1 (46.61.140), 1970).

10.52.135 Following too closely.

(a) The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway.

(b) The driver of any motor truck or motor vehicle drawing another vehicle when traveling upon a roadway outside of a business or residence district and which is following another motor truck or motor vehicle drawing another vehicle shall, whenever conditions permit, leave sufficient space so that an overtaking vehicle may enter and occupy such space without danger, except that this shall not prevent a motor truck or motor vehicle drawing another vehicle from overtaking and passing any like vehicle or other vehicle.

(c) Motor vehicles being driven upon any roadway outside of a business or residence district in a caravan or motorcade whether or not towing other vehicles shall be so operated as to allow sufficient space between each such vehicle or combination of vehicles so as to enable any other vehicle to enter and occupy such space without danger. This provision shall not apply to funeral processions.

(Res. 78 § 1 (46.61.145), 1970).

10.52.140 Driving on divided highways.

Whenever any highway has been divided into two or more roadways by leaving an intervening space or by a physical barrier or clearly indicated dividing section or by two parallel yellow barrier stripes four inches or more apart so installed as to control vehicular traffic, every vehicle shall be driven only upon the right-hand roadway unless directed or permitted to use another roadway by official traffic control devices or police officers. No vehicle shall be driven over, across or within any such dividing space, barrier or section, or yellow barrier stripes, except through an opening in such physical barrier or dividing section or space or yellow barrier stripes, or at a crossover or intersection as established, unless specifically prohibited by public authority.

(Res. 78 § 1 (46.61.150), 1970).

10.52.145 Restricted access.

No person shall drive a vehicle onto or from any limited access roadway except at such entrances and exits as are established by public authority.

(Res. 78 § 1 (46.61.155), 1970).


RIGHT-OF-WAY

10.52.150 Vehicle approaching intersection.

The driver of a vehicle approaching an intersection shall look out for and yield the right-of-way to any vehicle on his right simultaneously approaching the intersection regardless of which vehicle first reaches and enters the intersection.

The right-of-way rule declared in this section is modified at arterial highways and otherwise as stated in this chapter.

(Res. 78 § 1 (46.61.180), 1970).

10.52.155 Vehicle turning left.

The driver of a vehicle intending to turn to the left within an intersection or into an alley, private road, or driveway shall yield the right-of-way to any vehicle approaching from the opposite direction which is within the intersection or so close thereto as to constitute an immediate hazard.

(Res. 78 § 1 (46.61.185), 1970).

10.52.160 Vehicle entering stop or yield intersection.

(a) Preferential right-of-way at an intersection may be indicated by stop signs or yield signs as authorized in RCW 47.36.110.

(b) Except when directed to proceed by a police officer or traffic control signal, every driver of a vehicle approaching a stop intersection indicated by a stop sign shall stop as required in Section 10.52.280 (b), and after having stopped shall yield the right-of-way to any vehicle which has entered the intersection from another highway or which is approaching so closely on the highway as to constitute an immediate hazard during the time when such driver is moving across or within the intersection.

(c) The driver of a vehicle approaching a yield sign shall in obedience to such sign slow down to a speed reasonable for the existing conditions and shall yield the right-of-way to any vehicle in the intersection or approaching on another highway so closely as to constitute an immediate hazard during the time such driver is moving across or within the intersection: provided, that if such a driver is involved in a collision with a vehicle in the intersection, after driving past a yield sign without stopping, such collision shall be deemed prima facie evidence of his failure to yield right-of-way.

(Res. 78 § l (46.61.190), 1970).

10.52.165 Arterial highways designated– Stopping on entering.

(a) All state highways are hereby declared to be arterial highways as respects all other public highways or private ways except that the Washington State Highway Commission shall have the authority to designate any county road or city street as an arterial having preference over the traffic on the state highway if traffic conditions will be improved by such action.

(b) Those city streets designated by the Washington State Highway Commission as forming a part of the routes of state highways through incorporated cities and towns are hereby declared to be arterial highways as respects all other city streets or private ways.

(c) The county commissioners may designate any roadway as an arterial and in making such a change in arterial designation shall do so by proper ordinance or resolution and shall erect or cause to be erected and maintained standard stop signs, or "Yield" signs, to accomplish this change in arterial designation.

(d) The operator of any vehicle entering upon any arterial highway from any other public highway or private way shall come to a complete stop before entering such arterial highway when stop signs are erected as provided by law.

(Res. 78 § 1 (46.61.1951), 1970).

10.52.170 Stop intersections other than arterial may be designated.

It is unlawful for any person operating any vehicle when entering any intersection determined and designated as a stop intersection pursuant to RCW 46.61.200 and bearing a stop sign which has been posted pursuant to RCW 46.61.200, to fail and neglect to bring such vehicle to a complete stop before entering such intersection.

(Res. 78 § 1 (46.61.2001), 1970).

10.52.175 Arterial roads and stop streets.

The Mason County roads described in Chapter 12.16 are designated as Mason County major arterials, secondary arterials and collector arterials, and it shall be the duty of all persons driving or operating vehicles on the intersecting county roads to bring such vehicles to a complete stop at or before entering or crossing such described arterial roads unless hereinafter otherwise stated. It shall also be the duty of all persons driving or operating vehicles on such arterial roads to bring such vehicles to a complete stop at or before entering or crossing any road indicated as a stop road for the arterial by a properly installed stop sign or signal which conforms to the standards of the Washington State Department of Highways Manual on Uniform Traffic Control Devices.

(Res. 78 § 1 (46.61.2002), 1970).

10.52.180 Vehicle entering highway from private road or driveway.

The driver of a vehicle about to enter or cross a highway from a private road or driveway shall yield the right-of-way to all vehicles approaching on the highway.

(Res. 78 § 1 (46.61.205), 1970).

10.52.185 Operation of vehicles on approach of authorized emergency vehicles.

(a) Upon the immediate approach of an authorized emergency vehicle making use of audible and visual signals meeting the requirements of Section 10.52.160, or of a police vehicle properly and lawfully making use of an audible signal only the driver of every other vehicle shall yield the right-of-way and shall immediately drive to a position parallel to, and as close as possible to, the right-hand edge or curb of the roadway clear of any intersection and shall stop and remain in such position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer.

(b) This section shall not operate to relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway.

(Res. 78 § 1 (46.61.210), 1970).


PEDESTRIANS' RIGHTS AND DUTIES

10.52.190 Pedestrians subject to traffic regulations.

Pedestrians shall be subject to traffic control signals at intersections as provided in Section 10.52.050, and at all other places pedestrians shall be accorded the privileges and shall be subject to the restrictions stated in this chapter.

(Res. 78 § 1 (46.61.230), 1970).

10.52.195 Pedestrians' right-of-way in crosswalks.

(a) When traffic control signals are not in place or not in operation the driver of a vehicle shall yield the right-of-way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.

(b) No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield.

(c) Subsection (a) above shall not apply under the conditions stated in Section 10.52.200(b).

(d) Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle.

(Res. 78 § 1 (46.61.235), 1970).

10.52.200 Crossing at other than crosswalks.

(a) Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway.

(b) Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right-of-way to all vehicles upon the roadway.

(c) Between adjacent intersections at which traffic control signals are in operation pedestrians shall not cross at any place except in a marked crosswalk.

(d) No pedestrian shall cross a roadway intersection diagonally unless authorized by official traffic control devices; and, when authorized to cross diagonally, pedestrians shall cross only in accordance with the official traffic control devices pertaining to such crossing movements.

(e) No pedestrian shall cross a roadway at an unmarked crosswalk where an official sign prohibits such crossing.

(Res. 78 § 1 (46.61.240), 1970).

10.52.205 Drivers to exercise care.

Notwithstanding the foregoing provisions of this chapter every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway and shall give warning by sounding the horn when necessary and shall exercise proper precaution upon observing any child or any obviously confused or incapacitated person upon a roadway.

(Res. 78 § 1 (46.61.245), 1970).

10.52.210 Pedestrians on roadways.

(a) Where sidewalks are provided it is unlawful for any pedestrian to walk along and upon any adjacent roadway.

(b) Where sidewalks are not provided any pedestrian walking along and upon a highway shall, when practicable, walk only on the left side of the roadway or its shoulder facing traffic which may approach from the opposite direction and upon meeting an oncoming vehicle shall step clear of the roadway.

(Res. 78 § 1 (46.61.250), 1970).

10.52.215 Pedestrians soliciting rides or business.

(a) No person shall solicit by word or sign or by any other means for himself or for another a ride from the occupant of any vehicle.

(b) It is unlawful for the driver of a vehicle to offer or give a ride to any person soliciting a ride upon or along a public highway.

(c) The provisions of subsections (a) and (b) above shall not be construed to prevent a person upon a public highway from soliciting, or a driver of a vehicle from giving a ride where an emergency actually exists, nor to prevent a person from signaling or requesting transportation from a passenger carrier for the purpose of becoming a passenger thereon for hire.

(d) No person shall stand in a roadway for the purpose of soliciting employment or business from the occupant of any vehicle.

(e) No person shall stand on or in proximity to a street or highway for the purpose of soliciting the watching or guarding of any vehicle while parked or about to be parked on a street or highway.

(Res. 78 § 1 (46.61.255), 1970).

10.52.220 Driving through safety zone prohibited.

No vehicle shall at any time be driven through or within a safety zone.

(Res. 78 § 1 (46.61.260), 1970).

10.52.225 Blind pedestrians.

It is unlawful for the driver of any vehicle to drive into or upon any crosswalk while there is on such crosswalk, any pedestrian wholly or partially blind, crossing or attempting to cross the roadway, if such pedestrian indicates his intention to cross or of continuing on, with a timely warning by holding up or waving a white cane or walking stick. The failure of any such pedestrian so to signal shall not deprive him of the right-of-way accorded him by other laws.

(Res. 78 § 1 (46.61.265), 1970).

10.52.230 Use of device for blind by others prohibited.

It is unlawful for any person who is not wholly or partially blind to use a white cane or walking stick for the purpose of securing the right-of-way accorded by RCW 46.61.265 to wholly or partially blind people.

(Res. 78 § 1 (46.61.270), 1970).


TURNING AND STARTING AND SIGNALS ON STOPPING AND TURNING

10.52.235 Required position and method of turning at intersections.

The driver of a vehicle intending to turn at an intersection shall do so as follows:

(1) Right Turns. Both the approach for a right turn and a right turn shall be made as close as practicable to the right-hand curb or edge of the roadway.

(2) Left Turns on Two-Way Roadways. At any intersection where traffic is permitted to move in both directions on each roadway entering the intersection, an approach for a left turn shall be made in that portion of the right half of the roadway nearest the centerline thereof and by passing to the right of such centerline where it enters the intersection and after entering the intersection the left turn shall be made so as to leave the intersection to the right of the centerline of the roadway being entered. Whenever practicable the left turn shall be made in that portion of the intersection to the left of the center of the intersection.

(3) Left Turns on Other Than Two-Way Roadways. At any intersection where traffic is restricted to one direction on one or more of the roadways, the driver of a vehicle intending to turn left at any such intersection shall approach the intersection in the extreme left-hand lane lawfully available to traffic moving in the direction of travel of such vehicle and after entering the intersection the left turn shall be made so as to leave the intersection, as nearly as practicable, in the left-hand lane lawfully available to traffic moving in such direction upon the roadway being entered.

(4) Local authorities in their respective jurisdictions may cause markers, buttons or signs to be placed within or adjacent to intersections and thereby require and direct that a different course from that specified in this section be traveled by vehicles turning at an intersection, and when markers, buttons or signs are so placed no driver of a vehicle shall turn a vehicle at an intersection other than as directed and required by such markers, buttons or signs.

(Res. 78 § 1 (46.61.290), 1970).

10.52.240 "U" turns on curve or crest of grade prohibited.

No vehicle shall be turned so as to proceed in the opposite direction upon any curve, or upon the approach to or near the crest of a grade, where such vehicle cannot be seen by the driver of any other vehicle approaching from either direction within five hundred feet within residence or business districts and within one thousand feet in all other locations.

(Res. 78 § 1 (46.61.295), 1970).

10.52.245 Starting parked vehicle.

No person shall start a vehicle which is stopped, standing or parked unless and until such movement can be made with reasonable safety.

(Res. 78 § 1 (46.61.300), 1970).

10.52.250 Turning movements and required signals.

(a) No person shall turn a vehicle at an intersection unless the vehicle is in proper position upon the roadway as required in Section 10.52.235, or turn a vehicle to enter a private road or driveway, or otherwise turn a vehicle from a direct course or move right or left upon a roadway unless and until such movement can be made with reasonable safety. No person shall so turn any vehicle without giving an appropriate signal in the manner hereinafter provided.

(b) A signal of intention to turn right or left when required shall be given continuously during not less than the last one hundred feet traveled by the vehicle before turning.

(c) No person shall stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal in the manner provided herein to the driver of any vehicle immediately to the rear when there is opportunity to give such signal.

(d) The signals provided for in Section 10.52.255(b), shall be used to indicate an intention to turn, change lanes, or start from a parked position and shall not be flashed on one side only on a parked or disabled vehicle, or flashed as a courtesy or "do pass" signal to operators of other vehicles approaching from the rear.

(Res. 78 § 1 (46.61.305), 1970).

10.52.255 Signals by hand and arm or signal lamps.

(a) Any stop or turn signal when required herein shall be given either by means of the hand and arm or by signal lamps, except as otherwise provided in subsection (b) hereof.

(b) Any motor vehicle in use on a highway shall be equipped with, and required signal shall be given by, signal lamps when the distance from the center of the top of the steering post to the left outside limit of the body, cab or load of such motor vehicle exceeds twenty-four inches, or when the distance from the center of the top of the steering post to the rear limit of the body or load thereof exceeds fourteen feet. The latter measurements shall apply to any single vehicle, also to any combination of vehicles.

(Res. 78 § 1 (46.61.310), 1970).

10.52.260 Method of giving hand and arm signals.

All signals herein required given by hand and arm shall be given from the left side of the vehicle in the following manner and such signals shall indicate as follows:

(1) Left Turn: Hand and arm extended horizontally;

(2) Right Turn: Hand and arm extended upward;

(3) Stop or Decrease Speed: Hand and arm extended downward.

(Res. 78 § l (46.61.315), 1970).


SPECIAL STOPS REQUIRED

10.52.265 Obedience to signal indicating approach of train.

(a) Whenever any person driving a vehicle approaches a railroad grade crossing under any of the circumstances stated in this section, the driver of such vehicle shall stop within fifty feet but not less than fifteen feet from the nearest rail of such railroad, and shall not proceed until he can do so safely. The foregoing requirements shall apply when:

(1) A clearly visible electric or mechanical signal device gives warning of the immediate approach of a railroad train;

(2) A crossing gate is lowered or when a human flagman gives or continues to give a signal of the approach or passage of a railroad train;

(3) An approaching railroad train is plainly visible and is in hazardous proximity to such crossing.

(b) No person shall drive any vehicle through, around or under any crossing gate or barrier at a railroad crossing while such gate or barrier is closed or is being opened or closed.

(Res. 78 § 1 (46.61.340), 1970).

10.52.270 Certain vehicles must stop at all railroad grade crossings.

(a) The driver of any motor vehicle carrying passengers for hire, other than a passenger car, or of any school bus carrying any school child, or of any vehicle carrying explosive substances or flammable liquids as a cargo or part of a cargo, before crossing at grade any track or tracks of a railroad, shall stop such vehicle within fifty feet but not less than fifteen feet from the nearest rail of such railroad and while so stopped shall listen and look in both directions along such track for any approaching train, and for signals indicating the approach of a train, except as hereinafter provided, and shall not proceed until he can do so safely. After stopping as required herein and upon proceeding when it is safe to do so the driver of any such vehicle shall cross only in such gear of the vehicle that there will be no necessity for changing gears while traversing such crossing and the driver shall not shift gears while crossing the track or tracks.

(b) No stop need be made at any such crossing where a police officer or a traffic control signal directs traffic to proceed.

(Res. 78 § 1 (46.61.350), 1970).

10.52.275 Moving heavy equipment at railroad grade crossings.

(a) No person shall operate or move any crawler-type tractor, steam shovel, derrick, roller, or any equipment or structure having a normal operating speed of ten or less miles per hour or a vertical body or load clearance of less than one-half inch per foot of the distance between any two adjacent axles or in any event of less than nine inches, measured above the level surface of a roadway, upon or across any tracks at a railroad grade crossing without first complying with this section.

(b) Before making any such crossing the person operating or moving such vehicle or equipment shall first stop the same not less than fifteen feet nor more than fifty feet from the nearest rail of such railroad and while so stopped shall listen and look in both directions along such track for any approaching train and for signals indicating the approach of a train, and shall not proceed until the crossing can be made safely.

(c) No such crossing shall be made when warning is given by automatic signal or crossing gates or a flagman or otherwise of the immediate approach of a railroad train or car. If a flagman is provided by the railroad, movement over the crossing shall be under his direction.

(Res. 78 § 1 (46.61.355), 1970).

10.52.280 Stop signs and yield signs.

(a) Preferential right-of-way at an intersection may be indicated by stop signs or yield signs as authorized in RCW 47.36.110.

(b) Except when directed to proceed by a police officer or traffic control signal, every driver of a vehicle approaching a stop intersection indicated by a stop sign shall stop before entering the crosswalk on the near side of the intersection or, in the event there is no crosswalk, shall stop at a clearly marked stop line, but if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic or the intersecting roadway before entering the intersection.

(c) The driver of a vehicle approaching a yield sign if required for safety to stop shall stop before entering the crosswalk on the near side of the intersection or, in the event there is no crosswalk, at a clearly marked stop line, but if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway.

(Res. 78 § 1 (46.61.360), 1970).

10.52.285 Emerging from alley, driveway or building.

The driver of a vehicle within a business or residence district emerging from an alley, driveway or building shall stop such vehicle immediately prior to driving onto a sidewalk or onto the sidewalk area extending across any alleyway or driveway and shall yield the right-of-way to any pedestrian as may be necessary to avoid collision, and upon entering the roadway shall yield the right-of-way to all vehicles approaching on the roadway.

(Res. 78 § 1 (46.61.365), 1970).

10.52.290 Overtaking and passing school bus.

(a) The driver of a vehicle upon overtaking or meeting from either direction any school bus which has stopped on the highway for the purpose of receiving or discharging any school children shall stop the vehicle before reaching such school bus when there is in operation on the school bus a visual signal as specified in Section 10.52.160 and the driver shall not proceed until such school bus resumes motion or is signaled by the school bus driver to proceed or the visual signals are no longer activated.

(b) Every school bus shall bear upon the front and rear thereof plainly visible signs containing the words "SCHOOL BUS" in letters not less than eight inches in height, and in addition shall be equipped with visual signals meeting the requirements of Section 10.52.160 which shall be actuated by the driver of the school bus whenever but only whenever such vehicle is stopped on the highway for the purpose of receiving or discharging school children, except:

(1) When school children do not have to cross a highway and the bus is stopped completely off the main- traveled portion of the roadway; or

(2) When the bus is stopped at an intersection or place where traffic is controlled by a traffic officer or official traffic control signal; or

(3) When the bus is stopped at school for the purpose of receiving or discharging school children and school children are not required to cross the roadway.

(c) The driver of a vehicle upon a highway divided into separate roadways as provided in Section 10.52.140, need not stop upon meeting or passing a school bus which is on a separate roadway or when upon a limited access highway and the school bus is stopped in a loading zone which is a part of or adjacent to such highway and where pedestrians are not permitted to cross the roadway.

(Res. 78 § 1 (46.61.370), 1970).

10.52.295 School patrol– Appointment– Authority.

(a) The members of school patrols appointed pursuant to RCW 46.61.385 shall wear a badge or other appropriate insignia marked "school patrol" when in performance of their duties, and they may display "stop" or other proper traffic directional signs or signals at school crossings or other points where school children are crossing or about to cross a public highway, but members of the school patrol shall be subordinate to and obey the orders of any peace officer present and having jurisdiction.

(b) It is unlawful for the operator of any vehicle to fail to stop his vehicle when directed to do so by a school patrol sign or signal displayed by a member of the school patrol engaged in the performance of his duty and wearing or displaying appropriate insignia, and it is further unlawful for the operator of a vehicle to disregard any other reasonable directions of a member of the school patrol when acting in performance of his duties as such.

(Res 78 § 1 (46.61.3851), 1970).


SPEED RESTRICTIONS

10.52.300 Basic rule and maximum limits.

(a) No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. In every event speed shall be so controlled as may be necessary to avoid colliding with any person, vehicle or other conveyance on or entering the highway in compliance with legal requirements and the duty of all persons to use due care.

(b) Except when a special hazard exists that requires lower speed for compliance with subsection (a) of this section, the limits specified in RCW 46.61.400(2) or established pursuant to RCW 46.61.405, 46.61.410 and 46.61.415 shall be maximum lawful speeds, and no person shall drive a vehicle on a highway at a speed in excess of such maximum limits.

(1) Twenty-five miles per hour on city and town streets;

(2) Fifty miles per hour on county roads;

(3) Sixty miles per hour on state highways.

The maximum speed limits set forth in this section may be altered as authorized in RCW 46.61.405, 46.61.410, and 46.61.415.

(c) The driver of every vehicle shall, consistent with the requirements of subsection (a) of this section, drive at an appropriate reduced speed when approaching and crossing an intersection or railway grade crossing, when approaching and going around a curve, when approaching a hill crest, when traveling upon any narrow or winding roadway, and when special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions.

(Res. 78 § 1 (46.61.4001), 1970).

10.52.305 Unlawful to exceed posted speed.

It is unlawful for the operator of any vehicle to operate said vehicle upon any public highway within Mason County in excess of the posted speed thereon.

(Res. 78 § 1 (46.61.4005), 1970).

10.52.310 Maximum speed on unposted roads.

It is unlawful for the driver of any vehicle to operate the vehicle in excess of twenty-five miles per hour on any public highway in the county of Mason which is not otherwise posted.

(Res. 78 § 1 (46.61.4010), 1970).

10.52.315 Posting of signs.

The county road engineer shall cause to be posted on all county roads a sufficient number of speed limit signs to clearly indicate the maximum speed allowed upon such roads.

(Res. 78 § 1 (46.61.4190), 1970).

10.52.320 Minimum speed regulations.

No person shall drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic except when reduced speed is necessary for safe operation or in compliance with law.

(Res. 78 § 1 (46.61.4251), 1970).

10.52.325 Maximum speed limit when passing school or playground crosswalks.

Subject to Section 10.52.300(a), and except in those instances where a lower maximum lawful speed is provided by this chapter or otherwise, it is unlawful for the operator of any vehicle to operate the same at a speed in excess of twenty miles per hour when operating any vehicle upon a public highway either inside or outside an incorporated city or town when passing any marked public school or playground crosswalk when such marked crosswalk is fully posted with standard portable school or speed control signs. The speed zone at the crosswalk shall extend three hundred feet in either direction from the marked crosswalk.

(Res. 78 § 1 (46.61.440), 1970).

10.52.330 Due care required.

Compliance with speed requirements of this chapter under the circumstances hereinabove set forth shall not relieve the operator of any vehicle from the further exercise of due care and caution as further circumstances shall require.

(Res. 78 § 1 (46.61.445), 1970).

10.52.335 Maximum speed, weight or size in traversing bridges, elevated structures, tunnels, underpasses– Posting limits.

It is unlawful for any person to operate a vehicle or any combination of vehicles over any bridge or other elevated structure or through any tunnel or underpass constituting a part of any public highway at a rate of speed or with a gross weight or of a size which is greater at any time than the maximum speed or maximum weight or size which can be maintained or carried with safety over any such bridge or structure or through any such tunnel or underpass when such bridge, structure, tunnel, or underpass is signposted as provided in RCW 46.61.450.

Upon the trial of any person charged with a violation of this section, proof of either violation of maximum speed or maximum weight, or size, or either, and the distance and location of such signs as are required, shall constitute conclusive evidence of the maximum speed or maximum weight, or size, or either, which can be maintained or carried with safety over such bridge or elevated structure or through such tunnel or underpass.

(Res. 78 § 1 (46.61.4501), 1970).

10.52.340 Vehicles with solid or hollow cushion tires.

It is unlawful to operate any vehicle equipped or partly equipped with solid rubber tires or hollow center cushion tires, or to operate any combination of vehicles any part of which is equipped or partly equipped with solid rubber tires or hollow center cushion tires, so long as solid rubber tires or hollow center cushion tires may be used under the provisions of this title, upon any public highway of this county at a greater rate of speed than ten miles per hour.

(Res. 78 § 1 (46.61.455), 1970).

10.52.345 Special speed limitation on motor-driven cycle.

No person shall operate any motor-driven cycle at any time mentioned in Section 10.40.020 at a speed greater than thirty-five miles per hour unless such motor-driven cycle is equipped with a head lamp or lamps which are adequate to reveal a person or vehicle at a distance of three hundred feet ahead.

(Res. 78 § 1 (46.61.460), 1970).

10.52.350 Exceeding speed limit evidence of reckless driving.

The unlawful operation of a vehicle in excess of the maximum lawful speeds provided in this chapter at the point of operation and under the circumstances described shall be prima facie evidence of the operation of a motor vehicle in a reckless manner by the operator thereof.

(Res. 78 § 1 (46.61.465), 1970).

10.52.355 Charging violations of speed regulations.

In every charge of violation of any speed regulation in this chapter the complaint, also the summons or notice to appear, shall specify the approximate speed at which the defendant is alleged to have driven, also the maximum speed applicable within the district or at the location.

(Res. 78 § 1 (46.61.475), 1970).


RECKLESS DRIVING, DRIVING WHILE INTOXICATED AND NEGLIGENT HOMICIDE BY VEHICLE

10.52.360 Reckless driving.

(a) Any person who drives any vehicle in wilful or wanton disregard for the safety of persons or property is guilty of reckless driving.

(b) It is unlawful to engage in the act of reckless driving.

(Res. 78 § 1 (46.61.5001), 1970).

10.52.365 Persons under influence of intoxicating liquor– Presumptions– Evidence– Chemical tests– Information concerning tests.

(a) It is unlawful for any person who is under the influence of or affected by the use of intoxicating liquor or of any narcotic drug to drive or be in actual physical control of a vehicle within this county.

(b) Upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person while driving or in actual physical control of a vehicle while under the influence of intoxicating liquor, the amount of alcohol in the person's blood at the time alleged as shown by chemical analysis of his blood, breath or other bodily substance shall give rise to the following presumptions:

(1) If there was at that time 0.05 percent or less by weight of alcohol in the person's blood, it shall be presumed that he was not under the influence of intoxicating liquor;

(2) If there was at that time in excess of 0.05 percent but less than 0.10 percent by weight of alcohol in the person's blood, such fact shall not give rise to any presumption that the person was or was not under the influence of intoxicating liquor, but such fact may be considered with other competent evidence in determining whether the person was under the influence of intoxicating liquor;

(3) If there was at that time 0.10 percent or more by weight of alcohol in the person's blood, it shall be presumed that he was under the influence of intoxicating liquor;

(4) Percent by weight of alcohol in the blood shall be based upon milligrams of alcohol per one hundred cubic centimeters of blood;

(5) The foregoing provisions of this section shall not be construed as limiting the introduction of any other competent evidence bearing upon the question whether the person was under the influence of intoxicating liquor.

(c) Chemical analysis of the person's blood or breath to be considered valid under the provisions of this section shall have been performed according to methods approved by the state toxicologist and by an individual possessing a valid permit issued by the state toxicologist for this purpose. The state toxicologist is directed to approve satisfactory techniques or methods, to supervise the examination of individuals to ascertain their qualifications and competence to conduct such analyses, and to issue permits which shall be subject to termination or revocation at the discretion of the state toxicologist.

(d) When a blood test is administered under the provisions of RCW 46.20.308, the withdrawal of blood for the purpose of determining its alcoholic content may be performed only by a physician, a registered nurse, or a qualified technician. This limitation shall not apply to the taking of breath specimens.

(e) The person tested may have a physician, or a qualified technician, chemist, registered nurse, or other qualified person of his own choosing administer a chemical test or tests in addition to any administered at the direction of a law enforcement officer. The failure or inability to obtain an additional test by a person shall not preclude the admission of evidence relating to the test or tests taken at the direction of a law enforcement officer.

(f) Upon the request of the person who shall submit to a chemical test or tests at the request of a law enforcement officer, full information concerning the test or tests shall be made available to him or his attorney.

(Res. 78 § 1 (46.61.506), 1970).

10.52.370 Persons under the influence of drugs.

It is unlawful and punishable as provided in Section 10.52.375 for any person who is an habitual user of or under the influence of any narcotic drug or who is under the influence of any other drug to a degree which renders him incapable of safely driving a vehicle to drive a vehicle within this county. The fact that any person charged with a violation of this section is or has been entitled to use such drug under the laws of this state shall not constitute a defense against any charge of violating this section.

(Res. 78 § 1 (46.61.510), 1970).

10.52.375 Driving while under the influence of intoxicating liquor or drugs– Penalties– Suspension or revocation of license– Appeal.

(a) Every person who is convicted of a violation of (1) driving a motor vehicle while under the influence of intoxicating liquor or (2) driving a motor vehicle while under the influence of a narcotic drug, or under the influence of any other drug to a degree which renders the driver incapable of safely driving a motor vehicle shall be punished by imprisonment for not less than five days nor more than one year, and by a fine of not less than fifty dollars nor more than five hundred dollars.

(b) On a second or subsequent conviction of either offense within a five year period he shall be punished by imprisonment for not less than thirty days nor more than one year and by a fine of not less than one hundred dollars nor more than one thousand dollars, and neither the jail sentence nor the fine shall be suspended. If such person at the time of a second or subsequent conviction is without a license or permit because of a previous suspension or revocation, the minimum mandatory sentence shall be ninety days in jail and a two hundred dollar fine. The penalty so imposed shall not be suspended.

(Res. 78 § 1 (46.61.5151), 1970).

10.52.380 Operating motor vehicle in negligent manner.

(a) It is unlawful for any person to operate a motor vehicle in a negligent manner over and along the public highways of this county. For the purpose of this section to "operate in a negligent manner" means the operation of a vehicle upon the public highways of this county in such a manner as to endanger or be likely to endanger any persons or property.

(b) The offense of operating a vehicle in a negligent manner shall be considered to be a lesser offense than, but included in, the offense of operating a vehicle in a reckless manner, and any person charged with operating a vehicle in a reckless manner may be convicted of the lesser offense of operating a vehicle in a negligent manner. Any person violating the provisions of this section is guilty of a misdemeanor.

(Res. 78 § 1 (46.61.5251), 1970).

10.52.385 Racing vehicles on highways deemed reckless driving.

No person or persons shall race any motor vehicle or motor vehicles upon any public highway of this county. Any person or persons guilty of comparing or contesting relative speeds by simultaneous operations is guilty of reckless driving whether or not such speed is in excess of the maximum speed prescribed by law.

(Res. 78 § 1 (46.61.530), 1970).

10.52.390 Advertising unlawful speed attained deemed reckless driving.

It is unlawful for any manufacturer, dealer, distributor or any person, firm or corporation to publish or advertise or offer for publication or advertisement, or to consent or cause to be published or advertised, the time consumed or speed attained by a vehicle between given points or over given or designated distances upon any public highways of this county when such published or advertised time consumed or speed attained shall indicate an average rate of speed between given points or over a given or designated distance in excess of the maximum rate of speed allowed between such points or at a rate of speed which would constitute reckless driving between such points. Conviction for a violation of any of the provisions of this section shall be prima facie evidence of reckless driving and shall subject such person, firm or corporation to the penalties in such cases provided.

(Res. 78 § 1 (46.61.535), 1970).


STOPPING, STANDING AND PARKING

10.52.395 Stopping, standing or parking outside business or residence districts.

(a) Upon any highway outside of incorporated cities and towns no person shall stop, park or leave standing any vehicle, whether attended or unattended, upon the main-traveled part of the highway.

(b) This section shall not apply to the driver of any vehicle which is disabled while on the main-traveled portion of a highway in such manner and to such extent that it is impossible to avoid stopping and temporarily leaving such disabled vehicle in such position.

(Res. 78 § 1 (46.61.560), 1970).

10.52.400 Officers authorized to remove illegally stopped vehicle.

(a) Whenever any police officer finds a vehicle standing upon a highway in violation of any of the provisions of Section 10.52.395, such officer is hereby authorized to move such vehicle, or require the driver or other person in charge of the vehicle to move the same, to a position off the main-traveled part of such highway.

(b) Whenever any police officer finds a vehicle unattended upon any bridge or causeway or in any tunnel where such vehicle constitutes an obstruction to traffic, such officer is hereby authorized to provide for the removal of such vehicle to the nearest garage or other place of safety.

(c) The charge for removal of a vehicle as authorized in subsections (a) and (b) above shall be fixed by the sheriff of Mason County. The sheriff may perform the removal service directly or through a private firm. A private firm providing such removal services shall post the authorized charges therefor prominently at its place of business. The costs incurred in the removal of such a vehicle shall be paid by the vehicle's owner and shall be a lien upon the vehicle until paid.

(Res. 78 § 1 (46.61.5651), 1970).

10.52.405 Stopping, standing or parking prohibited in specified places.

(a) Except when necessary to avoid conflict with other traffic, or in compliance with law or the directions of a police officer or official traffic control device, no person shall:

(1) Stop, stand or park a vehicle:

(A) On the roadway side of any vehicle stopped or parked at the edge or curb of a street,

(B) On a sidewalk or street planting strip,

(C) Within an intersection,

(D) On a crosswalk,

(E) Between a safety zone and the adjacent curb or within thirty feet of points on the curb immediately opposite the ends of a safety zone, unless official signs or markings indicate a different no-parking area opposite the ends of a safety zone,

(F) Alongside or opposite any street excavation or obstruction when stopping, standing, or parking would obstruct traffic,

(G) Upon any bridge or other elevated structure upon a highway or within a highway tunnel,

(H) On any railroad tracks, or

(I) At any place where official signs prohibit stopping;

(2) Stand or park a vehicle, whether occupied or not, except momentarily to pick up or discharge a passenger or passengers:

(A) In front of a public or private driveway or within five feet of the end of the curb radius leading thereto,

(B) Within fifteen feet of a fire hydrant,

(C) Within twenty feet of a crosswalk,

(D) Within thirty feet upon the approach to any flashing signal, stop sign, yield sign, or traffic control signal located at the side of a roadway,

(E) Within twenty feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within seventy-five feet of the entrance, or

(F) At any place where official signs prohibit standing;

(3) Park a vehicle, whether occupied or not, except temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers:

(A) Within fifty feet of the nearest rail of a railroad crossing, or

(B) At any place where official signs prohibit parking.

(b) No person shall move a vehicle not lawfully under his control into any such prohibited area or away from a curb such a distance as is unlawful.

(Res. 78 § 1 (46.61.5701), 1970).

10.52.410 Limited parking zones.

(a) Parking is limited on the west side of Madrona Drive, beginning at the north side of Sequoia Street and running northerly for a distance of three hundred feet. The legend is to read "No Stopping or Standing Vehicles 7:00 A.M. to 4:00 P.M. on School Days." Section 31, Township 24N., Range 1E., W.M.

(b) (1) On Public Access Road No. 58110, overnight parking shall be prohibited and, for the purpose of enforcement, "overnight parking" shall be defined as occupying space within or along the road for a total of more than two hours from the hour of nine p.m. to the hour of six a.m. Furthermore, in the interest of public safety, parking shall be totally prohibited at any time in a radius of twenty feet of the fire hydrant located in the southwest corner of said road.

(2) The county engineer is hereby directed to cause the erection of appropriate signing to enact the ordinance, codified in subsection (b) of this section, which shall state "2 Hour Parking - 9:00 p.m. to 6:00 a.m."

(3) Violation of subsection (b) of this section is a misdemeanor.

(Ord. 47-84, 1984; Res. 78 § 1 (46.61. 5702), 1970).

10.52.415 Special parking privileges for certain disabled persons– Display of decal– Prohibited areas.

Any person who has lost both of his lower extremities, or who has lost the normal or full use thereof, or who is so severely disabled as to be unable to move without the aid of crutches or a wheelchair, shall be allowed to park his vehicle for unlimited periods of time in parking zones or areas which are otherwise restricted as to the length of time parking is permitted. This section shall have no application to those zones or areas in which the stopping, parking, or standing of all vehicles is prohibited or which are reserved for special types of vehicles. Such person shall not be permitted the foregoing privilege unless he obtains and displays a distinguishing decal as provided in RCW 46.16.380.

(Res. 78 § 1 (46.61.580), 1970).


Miscellaneous Rules

10.52.420 Unattended motor vehicle.

No person driving or in charge of a motor vehicle shall permit it to stand unattended without first stopping the engine, locking the ignition, removing the key and effectively setting the brake thereon and, when standing upon any perceptible grade, turning the front wheels to the curb or side of the roadway.

(Res. 78 § 1 (46.61.600), 1970).

10.52.425 Limitations on backing.

(a) The driver of a vehicle shall not back the same unless such movement can be made with safety and without interfering with other traffic.

(b) The driver of a vehicle shall not back the same upon any shoulder or roadway of any limited access highway.

(Res. 78 § 1 (46.61.605), 1970).

10.52.430 Riding on motorcycles.

A person operating a motorcycle shall ride only upon the permanent and regular seat attached thereto, and such operator shall not carry any other person nor shall any other person ride on a motorcycle unless such motorcycle is designed to carry more than one person, in which event a passenger may ride upon the permanent and regular seat if designed for two persons, or upon another seat firmly attached to the rear or side of the operator: provided, however, that the motorcycle must contain foot pegs of a type approved by the Equipment Commission.

(Res. 78 § 1 (46.61.610), 1970).

10.52.435 Motorcycles– Maximum height for handlebars.

No person shall operate on a public highway a motorcycle in which the handlebars or grips are more than fifteen inches higher than the seat or saddle for the operator.

(Res. 78 § 1 (46.61.611), 1970).

10.52.440 Motorcycles– Both feet not to be on same side.

No person shall ride a motorcycle in a position where both feet are placed on the same side of the motorcycle.

(Res. 78 § 1 (46.61.612), 1970).

10.52.445 Obstructions to driver's view or driving mechanism.

(a) No person shall drive a vehicle when it is so loaded, or when there are in the front seat such a number of persons, exceeding three, as to obstruct the view of the driver to the front or sides of the vehicle or as to interfere with the driver's control over the driving mechanism of the vehicle.

(b) No passenger in a vehicle shall ride in such a position as to interfere with the driver's view ahead or to the sides, or to interfere with his control over the driving mechanism of the vehicle.

(Res. 78 § 1 (46.61.615), 1970).

10.52.450 Opening and closing vehicle doors.

No person shall open the door of a motor vehicle on the side adjacent to moving traffic unless and until it is reasonably safe to do so, and can be done without interfering with the movement of other traffic, nor shall any person leave a door open on the side of a vehicle adjacent to moving traffic for a period of time longer than necessary to load or unload passengers.

(Res. 78 § 1 (46.61.620), 1970).

10.52.455 Riding in trailers.

No person or persons shall occupy any trailer while it is being moved upon a public highway, except a person occupying a proper position for steering a trailer designed to be steered from a rear-end position.

(Res. 78 § 1 (46.61.625), 1970).

10.52.460 Coasting prohibited.

(a) The driver of any motor vehicle when traveling upon a down grade shall not coast with the gears of such vehicle in neutral.

(b) The driver of a commercial motor vehicle when traveling upon a down grade shall not coast with the clutch disengaged.

(Res. 78 § 1 (46.61.630), 1970).

10.52.465 Following fire apparatus prohibited.

The driver of any vehicle other than one on official business shall not follow any fire apparatus traveling in response to a fire alarm closer than five hundred feet or drive into or park such vehicle within the block where fire apparatus has stopped in answer to a fire alarm.

(Res. 78 § 1 (46.61.635), 1970).

10.52.470 Crossing fire hose.

No vehicle shall be driven over any unprotected hose of a fire department when laid down on any street, or private driveway, to be used at any fire or alarm of fire, without the consent of the fire department official in command.

(Res. 78 § 1 (46.61.6351), 1970).

10.52.475 Fire zone existence.

A fire zone, as defined in Section 10.16.280 of this title, shall remain in existence about the scene of every fire until such time as the chief of the fire department, or his authorized agent, shall declare the emergency passed.

(Res. 78 § 1 (46.61.6352), 1970).

10.52.480 Removal of obstructions in fire zone.

The chief of the fire department, or his authorized agent, shall have authority to remove from the fire zone obstructions, including vehicles, that are obstructions to the extinguishment of fires.

(Res. 78 § 1 (46.61.6353), 1970).

10.52.485 Fire zone– Traffic operations.

All traffic, vehicular and pedestrian, within a fire zone shall stop in a safe place, and it is unlawful for any person to move, operate, or start to move or operate any vehicle except upon orders of the sheriff or chief of fire department or their authorized agents.

(Res. 78 § 1 (46.61.6354), 1970).

10.52.490 Fire zone entry.

It is unlawful to enter a fire zone or to stop, stand or park in such a manner as to hinder the apparatus of the fire department in entering or leaving any fire zone.

(Res. 78 § 1 (46.61.6355), 1970).

10.52.495 Fire lines established.

During any emergency requiring the services of a fire department, the chief or his authorized agent is authorized to establish fire lines on a public road or private property by roping off same, or by stationing a fireman in uniform, or a peace officer to direct traffic, and it is unlawful for any person to disregard or fail to obey the orders of the fireman, or peace officer, or to run over the rope or to operate any vehicle inside fire lines.

(Res. 78 § 1 (46.61.6356), 1970).

10.52.500 Barricading hazardous area.

The chief of a fire department, or his authorized agent, shall, when the walls of a burned building are unsafe or in such condition as to endanger traffic on a public road, or when any pole, chimney, spire, steeple, electric wire or other thing or object endangers human life or property on the public roads adjacent thereto and place suitable signs marked "Danger" about same, or red lights at night, and it shall be unlawful for any person to remove, mutilate, tear down or otherwise damage any sign, fence, wall or rope, or to walk, or to drive, operate or move any vehicle inside the lines, fences or walls.

(Res. 78 § 1 (46.61.6357), 1970).

10.52.505 Throwing or depositing glass, etc., on high-way prohibited– Removal.

(a) No person shall throw or deposit upon any highway any glass bottle, glass, nails, tacks, wire, cans or any other substance likely to injure any person, animal or vehicle upon such highway.

(b) Any person who drops, or permits to be dropped or thrown, upon any highway any destructive or injurious material shall immediately remove the same or cause it to be removed.

(c) Any person removing a wrecked or damaged vehicle from a highway shall remove any glass or other injurious substance dropped upon the highway from such vehicle.

(Res. 78 § 1 (46.61.645), 1970).

10.52.510 Throwing or dropping glass or debris, etc., upon or along highways, parks, beaches or waters– Penalty– Suspension of penalty conditioned upon removal of debris.

(a) It is unlawful for any person to throw or drop any glass object, debris, or any waste from any moving vehicle, upon or along the right-of-way of any public highway, or in any public park or upon any public beach, or into waters less than ten feet in depth immediately adjacent to any public beach, except into a receptacle or litter container.

(b) Any person violating the provisions of this section is guilty of a misdemeanor. Any fine or penalty may be suspended upon the condition that the violator pick up and remove from any public street or highway or right-of-way, or public beach or public park, any or all debris and waste deposited thereon by prior users. The extent of the area to be so policed shall be within the discretion of the court.

(Res. 78 § 1 (46.61.650), 1970).

10.52.515 Permitting escape of load materials.

No vehicle shall be driven or moved on any public highway unless such vehicle is so constructed or loaded as to prevent any of its load from dropping, sifting, leaking or otherwise escaping therefrom, except that sand may be dropped for the purpose of securing traction, or water or other substance may be sprinkled on a roadway in the cleaning or maintaining of such roadway by public authority having jurisdiction. Any person operating a vehicle from which any glass or objects have fallen or escaped, which would constitute an obstruction or injure a vehicle or otherwise endanger travel upon such public highway shall immediately cause the public highway to be cleaned of all such glass or objects.

(Res. 78 § 1 (46.61.655), 1970).

10.52.520 Carrying persons or animals on outside part of vehicle.

It is unlawful for any person to transport any living animal on the running board, fenders, hood, or other outside part of any vehicle unless suitable harness, cage or enclosure be provided and so attached as to protect such animal from falling or being thrown therefrom. It is unlawful for any person to transport any persons upon the running board, fenders, hood or other outside part of any vehicle, except that this provision shall not apply to authorized emergency vehicles.

(Res. 78 § 1 (46.61.660), 1970).

10.52.525 Embracing another while driving.

It is unlawful for any person to operate a motor vehicle upon the highways of this county when such person has in his or her embrace another person which prevents the free and unhampered operation of such vehicle. Any person so doing is guilty of reckless driving.

(Res. 78 § 1 (46.61.665), 1970).

10.52.530 Driving with wheels off roadway.

It is unlawful to operate or drive any vehicle or combination of vehicles over or along any pavement or gravel or crushed rock surface on a public highway with one wheel or all of the wheels off the roadway thereof, except for the purpose of stopping off such roadway, or having stopped thereat, for proceeding back onto the pavement, gravel or crushed rock surface thereof.

(Res. 78 § 1 (46.61.670), 1970).

10.52.535 Causing or permitting vehicle to be unlawfully operated.

It is unlawful for the owner, or any other person, in employing or otherwise directing the operator of any vehicle to require or knowingly to permit the operation of such vehicle upon any public highway in any manner contrary to the law.

(Res. 78 § 1 (46.61.675), 1970).

10.52.540 Lowering passenger motor vehicle below legal clearance.

It is unlawful to operate any passenger motor vehicle which has been modified from the original design so that any portion of such passenger vehicle other than the wheels has less clearance from the surface of a level roadway than the clearance between the roadway and the lowermost portion of any rim of any wheel the tire on which is in contact with such roadway.

Any person violating the provisions of this section is guilty of a misdemeanor.

(Res. 78 § 1 (46.61.680), 1970).

10.52.545 Leaving children unattended in standing vehicle while motor running.

It is unlawful for any person, while operating or in charge of a vehicle, to park or wilfully allow such vehicle to stand upon a public highway or in a public place with its motor running, leaving a minor child or children under the age of sixteen years unattended therein.

Any person violating the provisions of this section is guilty of a misdemeanor.

(Res. 78 § 1 (46.61.6851), 1970).

10.52.550 Attempting, aiding, abetting, coercing, committing violations.

Every person who commits, attempts to commit, conspires to commit or aids or abets in the commission of any act declared by this title to be a crime, whether individually or in connection with one or more other persons or as principal, agent, or accessory, is guilty of such offense, and every person who falsely, fraudulently, forcefully, or wilfully induces, causes, coerces, requires, permits or directs others to violate any provisions of this title is likewise guilty of such offense.

(Res. 78 § 1 (46.61.6951), 1970).

10.52.555 Parent or guardian not to authorize or permit violation by child or ward.

The parent of any child and the guardian of any ward shall not authorize or knowingly permit any such child or ward to violate any of the provisions of this chapter.

(Res. 78 § 1 (46.61.700), 1970).

10.52.560 Violation of Sections 10.52.565– 10.52.590 deemed misdemeanor– Effect of regulations.

(a) It is a misdemeanor for any person to do any act forbidden or fail to perform any act required in Sections 10.52.565 through 10.52.590.

(b) These regulations applicable to bicycles shall apply whenever a bicycle is operated upon any highway or upon any path set aside for the exclusive use of bicycles subject to those exceptions stated herein.

(Res. 78 § 1 (46.61.750), 1970).

10.52.565 Traffic laws apply to persons riding bicycles.

Every person riding a bicycle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this chapter, except as to special regulations in Sections 10.52.560 through 10.52.590 and except as to those provisions of this chapter by which their nature can have no application.

(Res. 78 § 1 (46.61.755), 1970).

10.52.570 Riding on bicycles.

(a) A person propelling a bicycle shall not ride other than upon or astride a permanent and regular seat attached thereto.

(b) No bicycle shall be used to carry more persons at one time than the number for which it is designed and equipped.

(Res. 78 § 1 (46.61.760), 1970).

10.52.575 Clinging to vehicles.

No person riding upon any bicycle, coaster, roller skates, sled or toy vehicle shall attach the same or himself to any vehicle upon a roadway.

(Res. 78 § 1 (46.61.765), 1970).

10.52.580 Riding on roadways and bicycle paths.

(a) Every person operating a bicycle upon a roadway shall ride as near to the right side of the roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction.

(b) Persons riding bicycles upon a roadway shall not ride more than two abreast except on paths or parts of roadways set aside for the exclusive use of bicycles.

(c) Wherever a usable path for bicycles has been provided adjacent to a roadway, bicycle riders shall use such path and shall not use the roadway.

(Res. 78 § 1 (46.61.770), 1970).

10.52.585 Carrying articles on bicycles.

No person operating a bicycle shall carry any package, bundle or article which prevents the driver from keeping at least one hand upon the handlebars.

(Res. 78 § 1 (46.61.775), 1970).

10.52.590 Lamps and other equipment on bicycles.

(a) Every bicycle when in use during the hours of darkness as defined in Section 10.40.020 shall be equipped with a lamp on the front which shall emit a white light visible from a distance of at least five hundred feet to the front and with a red reflector on the rear of a type approved by the State Commission on Equipment which shall be visible from all distances from fifty feet to three hundred feet to the rear when directly in front of lawful upper beams of head lamps on a motor vehicle. A lamp emitting a red light visible from a distance of five hundred feet to the rear may be used in addition to the red reflector.

(b) Every bicycle shall be equipped with a brake which will enable the operator to make the braked wheels skid on dry, level, clean pavement.

(Res. 78 § 1 (46.61.780), 1970).

Chapter 10.56
ENFORCEMENT

Sections:

10.56.010 Traffic citations– Record– Cancellation prohibited– Citation audit.

10.56.020 Citation and notice to appear in court– Issuance– Contents– Written promise– Arrest.

10.56.030 Nonappearance after written promise– Misdemeanor.

10.56.040 Nonappearance after written– promise– Notice to department.

10.56.050 Procedure governing arrest and prosecution.

10.56.060 Attempting, aiding, abetting, coercing, committing violations– Punishable.

10.56.070 General penalty.

10.56.010 Traffic citations– Record– Cancellation prohibited– Citation audit.

(a) The sheriff of Mason County shall provide in appropriate form traffic citations containing notices to appear which shall be issued in books with citations in quadruplicate and meeting the requirements of this section.

(b) The sheriff of Mason County shall be responsible for the issuance of such books and shall maintain a record of every such book and each citation contained therein issued to individual members of the traffic enforcement agency and shall require and retain a receipt for every book so issued.

(c) Every traffic enforcement officer upon issuing a traffic citation to an alleged violator of any provision of the motor vehicle laws of this county or of any traffic ordinance of any city or town shall deposit the original or a copy of such traffic citation with a court having competent jurisdiction over the alleged offense or with its traffic violations bureau.

(d) Upon the deposit of the original or a copy of such traffic citation with a court having competent jurisdiction over the alleged offense or with its traffic violations bureau as aforesaid, the original or copy of such traffic citation may be disposed of only by trial in the court or other official action by a judge of the court, including forfeiture of the bail or by the deposit of sufficient bail with or payment of a fine to the traffic violations bureau by the person to whom such traffic citation has been issued by the traffic enforcement officer.

(e) It is unlawful and official misconduct for any traffic enforcement officer or other officer or public employee to dispose of a traffic citation or copies thereof or of the record of the issuance of the same in a manner other than as required herein.

(f) The sheriff of Mason County shall require the return to him of a copy of every traffic citation issued by an officer under his supervision to an alleged violator of any traffic law or ordinance and of all copies of every traffic citation which has been spoiled or upon which any entry has been made and not issued to an alleged violator,

(g) The sheriff shall also maintain or cause to be maintained in connection with every traffic citation issued by an officer under his supervision a record of the disposition of the charge by the court or its traffic violations bureau in which the original or copy of the traffic citation was deposited.

(h) Any person who cancels or solicits the cancellation of any traffic citation, in any manner other than as provided in this section, is guilty of a misdemeanor.

(i) Every record of traffic citations required in this section shall be audited monthly by the appropriate fiscal officer of Mason County.

(Res. 78 § 1 (46.64.0101), 1970).

10.56.020 Citation and notice to appear in court– Issuance– Contents– Written promise– Arrest.

Whenever any person is arrested for any violation of the traffic laws or regulations which is punishable as a misdemeanor, the arresting officer may serve upon him a traffic citation and notice to appear in court. Such citation and notice shall conform to the requirements of Section 10.56.010, and in addition, shall include spaces for the name and address of the person arrested, the license number of the vehicle involved, the driver's license number of such person, if any, the offense charged, the time and place where such person shall appear in court, and a place where the person arrested may sign. Such spaces shall be filled with the appropriate information by the arresting officer. The arrested person, in order to secure release, and when permitted by the arresting officer, must give his written promise to appear in court as required by the citation and notice by signing in the appropriate place the written citation and notice served by the arresting officer. Upon the arrested person's failing or refusing to sign such written promise, he may be taken into custody of such arresting officer and so remain or be placed in confinement: provided, that an officer shall not serve or issue any traffic citation or notice for any offense or violation except when the offense or violation is committed in his presence.

(Res. 78 § 1 (46.64.015), 1970).

10.56.030 Nonappearance after written promise– Misdemeanor.

Any person wilfully violating his written and signed promise to appear in court, as provided in this title, is guilty of a misdemeanor regardless of the disposition of the charge upon which he was originally arrested: provided, that a written promise to appear in court may be complied with by an appearance by counsel.

(Res. 78 § 1 (46.64.020), 1970).

10.56.040 Nonappearance after written promise– Notice to department.

Whenever any person has for a period of fifteen or more days violated his written promise to appear in court, the court in which the defendant so promised to appear shall forthwith give notice of such fact to the Department of Motor Vehicles. Whenever thereafter the case in which such promise was given is adjudicated the court hearing the case shall file with the department a certificate showing that the case has been adjudicated.

(Res. 78 § 1 (46.64.025), 1970).

10.56.050 Procedure governing arrest and prosecution.

The provisions of this title with regard to the apprehension and arrest of persons violating this title shall govern all police officers in making arrests without a warrant for violations of this title for offenses committed in their presence, but the procedure prescribed herein shall not otherwise be exclusive of any other method prescribed by law for the arrest and prosecution of a person for other like offenses.

(Res. 78 § 1 (46.64.030), 1970).

10.56.060 Attempting, aiding, abetting, coercing, committing violations– Punishable.

Every person who commits, attempts to commit, conspires to commit, or aids or abets in the commission of any act declared by this title to be a crime, whether individually or in connection with one or more other persons or as principal, agent, or accessory, is guilty of such offense, and every person who falsely, fraudulently, forcefully, or wilfully induces, causes, coerces, requires, permits or directs others to violate any provisions of this title is likewise guilty of such offense.

(Res. 78 § 1 (46.64.048), 1970).

10.56.070 General penalty.

It is a misdemeanor for any person to violate any of the provisions of this title unless violation is by this title or other law of this state declared to be a felony or a gross misdemeanor. Any person who violates or fails to comply with any provisions of this title is guilty of a misdemeanor and upon conviction thereof, where no other punishment is provided herein, shall be punished by a fine in any sum not exceeding three hundred dollars or by imprisonment in the county jail not exceeding ninety days, or both such fine and imprisonment.

(Res. 78 § 1 (46.64.0501), 1970).

Chapter 10.60
DISPOSITION OF REVENUES

Sections:

10.60.010 Disposition of revenues.

10.60.010 Disposition of revenues.

All fines and forfeitures collected for violation of any of the provisions of this title shall be deposited in the current expense fund of this county.

(Res. 78 § 1 (46.68.0101), 1970).

Chapter 10.64
MOTOR VEHICLE TRANSPORTERS

Sections:

10.64.010 License required– Exceptions– Driveaway, towaway, method defined.

10.164.020 Display of plates– Nontransferability.

10.64.010 License required– Exceptions– Driveaway, towaway, method defined.

(a) It is unlawful for any person, firm, partnership, association, or corporation to engage in the business of delivering by the driveaway or towaway methods vehicles not his own and of a type required to be registered under the laws of this state, without procuring a transporter's license in accordance with the provisions of this chapter.

(b) This shall not apply to motor freight carriers or operations regularly licensed under the provisions of RCW Chapter 81.80 to haul such vehicles on trailers or semitrailers.

(c) "Driveaway or towaway methods" means the delivery service rendered by a motor vehicle transporter wherein motor vehicles are driven singly or in combinations by the towbar, saddlemount or fullmount methods or any lawful combinations thereof, or where a truck or truck-tractor draws or tows a semitrailer or trailer.

(Res. 78 § 1 (46.76.010), 1970).

10.64.020 Display of plates– Nontransferability.

Transporter's license plates shall be conspicuously displayed on all vehicles being delivered by the driveaway or towaway methods. These plates shall not be loaned to or used by any person other than the holder of the license or his employees.

(Res. 78 § 1 (46.76.0301), 1970).

Chapter 10.68
RESERVED*

* Attachment C of Ord. No. 47-09, adopted June 2, 2009, repealed Ch. 10.68 which consisted of §§ 10.68.010– 10.68.340, and derived from Ord. No. 815, 1977; and Ord. No. 103-01, 2001, in its entirety.

Chapter 10.72
ABANDONED VEHICLES

Sections:

10.72.010 Defined.

10.72.020 Declared nuisance– Abatement authorized.

10.72.030 Responsibility and liability.

10.72.040 Tow truck operator– Appointment– Bond.

10.72.050 Report to Chief of Washington State Patrol.

10.72.060 Tow truck operator– Fees as lien.

10.72.070 Tow truck operator– Procedure.

10.72.080 Unclaimed vehicle– Sale– Disposition of proceeds.

10.72.090 Vehicle left in garage storage.

10.72.100 Impounded vehicle.

10.72.110 Removal from private property.

10.72.120 Hearing– Notice to owner of land on which vehicle located.

10.72.130 Hearing– Determination of cost assessment.

10.72.140 Disposal with auto wrecker.

10.72.150 Exemptions.

10.72.160 Tow truck operator– Compliance to county, state regulations.

10.72.010 Defined.

An "abandoned vehicle," for the purpose of this chapter, means any vehicle left within the limits of any highway or upon the property of another without the consent of the owner of such property for a period of twenty-four hours, or longer, except that a vehicle shall not be considered abandoned if its owner or operator is unable to remove it from the place where it is located and so notifies law enforcement officials and requests assistance. An "abandoned automobile hulk," for the purposes of this chapter means the abandoned remnant or remains of a motor vehicle which is inoperative and cannot be made mechanically operative without the addition of vital parts or mechanisms and the application of a substantial amount of labor to effect repairs.

(Ord. 829 § 2, 1977).

10.72.020 Declared nuisance– Abatement authorized.

Abandoned, wrecked, dismantled or inoperative vehicles or automobile hulks or parts thereof on public or private property are public nuisances and may be abated.

(Ord. 829 § 1, 1977).

10.72.030 Responsibility and liability.

The abandonment of any vehicle or automobile hulk shall constitute a prima facie presumption that the last owner of record is responsible for such abandonment and thus liable for any costs incurred in removing, storing and disposing of such motor vehicle or automobile hulk. A registered owner who has complied with the requirements of RCW 46.52.104 shall be relieved of liability under this section.

(Ord. 829 § 3, 1977).

10.72.040 Tow truck operator– Appointment– Bond.

The Mason County sheriff may appoint any towing truck operator engaged in removing and storing of abandoned motor vehicles as his agent for the purpose of disposing of certain abandoned vehicles and automobile hulks located in Mason County. Each such appointment shall be contingent upon the submission of an application to the sheriff and the making of subsequent reports in such form and frequency as may be required by rule and regulation and upon the posting of a surety bond in the amount of three thousand dollars to insure compliance with Sections 10.72.070 and 10.72.080 and to compensate the owner of any vehicle that has been unlawfully sold as a result of any negligence or misconduct of the tow truck operator.

Any appointment may be canceled by the sheriff upon evidence that the appointed tow truck operator is not complying with all laws, rules and regulations relative to the handling and disposition of abandoned motor vehicles.

(Ord. 829 § 4, 1977).

10.72.050 Report to Chief of Washington State Patrol.

It shall be the duty of the Mason County sheriff to report to the Chief of the Washington State Patrol all vehicles or automobile hulks found abandoned on a public highway or at any other place, and the same shall thereafter at the direction of such law enforcement officer be placed in the custody of the tow truck operator.

(Ord. 829 § 5, 1977).

10.72.060 Tow truck operator– Fees as lien.

A tow truck operator bonded in accordance with Section 10.72.040 who tows, transports or stores any vehicle, whether by contract or at the direction of any public officer, shall have a lien upon such vehicle so long as the same remains in his possession, for the charges of such towing, transportation or storage. If such a vehicle remains unclaimed for five days, it may be deemed abandoned and subject to the provisions of Sections 10.72.070 and 10.72.080.

(Ord. 829 § 9, 1977).

10.72.070 Tow truck operator– Procedure.

The tow truck operator designated in Sections 10.72.040 and 10.72.050 shall take custody of such abandoned vehicle or automobile hulk, remove the same to the established place of business of the tow truck operator where the same shall be stored. Such tow truck operator shall have a lien upon such vehicle or hulk for services provided in the towing and storage of the same, and shall also have a claim against the last registered owner of such vehicle or hulk for services provided in the towing and storage of the same, not to exceed the sum of one hundred dollars. A registered owner who has complied with RCW 46.52.104 shall be relieved of liability under this section.

Within five days after receiving custody of such abandoned vehicle or automobile hulk, the tow truck operator shall give notice of his custody to the Department of Licensing and the Chief of the Washington State Patrol and within five days after having received the name and address of the owner, he shall notify the registered and legal owner of the same with copies of such notice being sent to the Chief of the Washington State Patrol and to the Department of Licensing. The notice to the registered and legal owner shall be sent by the tow truck operator to the last known address of said owner appearing on the records of the Department of Licensing, and such notice shall be sent to the registered and legal owner by certified or registered mail with a five-day return receipt requested. Such notice shall contain a description of the vehicle or hulk including its license number and/or motor number if obtainable, and shall state the amount due the tow truck operator for services in the towing and storage of the same and the time and place of public sale if the amount remains unpaid.

(Ord. 829 § 6, 1977).

10.72.080 Unclaimed vehicle– Sale– Disposition of proceeds.

If, after the expiration of fifteen days from the date of mailing of notice to the registered and legal owner, the vehicle or automobile hulk remains unclaimed and has not been listed as a stolen or recovered vehicle, the tow truck operator having custody of such vehicle or hulk shall conduct a sale of the same at public auction after having first published a notice of the date, place and time of such auction in a newspaper of general circulation in the county in which the vehicle is located, not less than three days before the date of such auction.

Such abandoned vehicle or automobile hulk shall be sold at such auction to the highest bidder. The proceeds of such sale, after deducting the towing and storage charges due to the tow truck operator, including the costs of sale, which shall be computed as in a public auction sale of personal property by the sheriff, shall be certified one-half to the county treasurer of the county in which the vehicle is located to be credited to the county current expense fund, and one-half to the state treasurer, to be credited to the highway safety fund. If the amount bid at the auction is insufficient to compensate the tow truck operator for his towing and storage charges and the cost of sale, such tow truck operator shall be entitled to assert a claim for any deficiency, not to exceed one hundred dollars, less the amount bid at the auction, against the last registered owner of such vehicle or automobile hulk. A registered owner who has complied with RCW 46.52.104, shall be relieved of liability under this section.

(Ord. 829 § 7, 1977).

10.72.090 Vehicle left in garage storage.

Any vehicle left in a garage for storage more than five days where the same has not been left by the registered owner under a contract of storage and has not during such period been removed by a person leaving the same shall be an abandoned vehicle and notice shall be given to the registered and legal owner and to the Chief of the Washington State Patrol and to the Department of Licensing of the existence of such abandoned vehicle. Any garage keeper failing to report such fact to the Chief of the Washington State Patrol and the Department of Licensing within ten days after the commencement of such storage shall forfeit any claim for the storage of such vehicle. All such vehicles considered abandoned by being left in a garage shall be disposed of by the garage keeper in accordance with the procedure prescribed in Sections 10.72.070 and 10.72.080.

(Ord. 829 § 8, 1977).

10.72.100 Impounded vehicle.

Any automobile or part thereof impounded pursuant to this chapter and left unclaimed for a period of fifteen days, shall be deemed an abandoned vehicle and at the expiration of such period, the sheriff may deliver the automobile or part thereof to a tow truck operator or otherwise authorize him to dispose of such in the manner provided in Section 10.72.070 and 10.72.080; provided, that if the automobile or part thereof is of a model year ten or more years prior to the calendar year in which such vehicle is stored, the sheriff may declare that such vehicle is a public nuisance and may dispose of such vehicle without notice of sale and in such case, the director of the Department of Licensing shall issue an appropriate bill of sale to the tow truck operator so that he may dispose of the vehicle as he may determine.

(Ord. 829 § 10, 1977).

10.72.110 Removal from private property.

Abandoned, wrecked, dismantled or inoperative vehicles or automobile hulks or parts thereof may be removed from private property by the sheriff, a tow truck operator qualified under this chapter, or other agent or designee of the Mason County sheriff. Costs of removal shall be assessed against the last registered or legal owner of the vehicle or automobile hulk if the identity of such owner can be determined, unless such owner in the transfer of ownership of such vehicle or automobile hulk has complied with RCW 46.52.104, or the costs may be assessed against the owner of the property on which the vehicle is stored. In the event vehicles or parts thereof are to be removed from private property, notice of said removal shall be given and the last registered or legal owner of the vehicle or the property owner may request a hearing prior to removal of the vehicle. Said notice shall be given in writing to the last registered owner of record and the property owner of record that a public hearing may be requested before the board of Mason County commissioners, and that if no hearing is requested, the vehicle or automobile hulk will be removed, provided that no abandoned, wrecked, or dismantled or inoperative vehicles or automobile hulks or parts thereof shall be removed from private property without consent of the owner of said property if the owner can establish he is the registered and legal owner of said vehicles or hulks.

(Ord. 829 § 11, 1977).

10.72.120 Hearing– Notice to owner of land on which vehicle located.

If a request for a hearing is received, a notice giving the time, location and date of such hearing on the question of abatement and removal of the vehicle or part thereof as a public nuisance shall be mailed, by certified or registered mail, with a five-day return requested, to the owner of the land as shown on the last equalized assessment roll and to the last registered and legal owner of record unless the vehicle is in such condition that identification numbers are not available to determine ownership.

(Ord. 829 § 12, 1977).

10.72.130 Hearing– Determination of cost assessment.

The owner of the land on which the vehicle is located may appear in person at the hearing or present a written statement in time for consideration at the hearing, and deny responsibility for the presence of the vehicle on the land, with his reasons for such denial. If it is determined at the hearing that the vehicle was placed on the land without the consent of the landowner and that he has not subsequently acquiesced in its presence, the local agency shall not assess costs of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect such costs from the owner.

(Ord. 829 § 13, 1977).

10.72.140 Disposal with auto wrecker.

After notice has been given of the intent of the county to dispose of the vehicle and after a hearing, if requested, has been held, the vehicle or part thereof, shall be removed, at the request of a law enforcement officer, and disposed of to a licensed auto wrecker with notice to the Washington State Patrol and the Department of Licensing that the vehicle has been wrecked. The county may operate such a disposal site when its governing body determines that commercial channels of disposition are not available or are inadequate, and it may make final disposition of such vehicles or parts, or may transfer such vehicle or parts to another governmental body provided such disposal shall be only as scrap.

(Ord. 829 § 14, 1977).

10.72.150 Exemptions.

This chapter shall not apply to:

(a) A vehicle or part thereof which is completely enclosed within a building in a lawful manner or where it is not visible from the street or other public or private property; or

(b) A vehicle or part thereof which is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer, fenced according to the provisions of RCW 46.80.130.

(Ord. 829 § 15, 1977).

10.72.160 Tow truck operator– Compliance to county, state regulations.

Any tow truck operator under contract to the county for the impounding of vehicles shall comply with such administrative regulations relative to the handling and disposing of vehicles as may be promulgated by the county of Mason or the Director of the Washington State Department of Licensing.

(Ord. 829 § 16, 1977).